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Full text of "Manual for the General Court, 2011-12"

Manual 

FOR THE 




General 
Court 

2011-12 



2012 



January 


February 


March 


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1 

11 A C T O 

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1 

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9 10 11 12 13 14 15 
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30 31 



2013 



January 


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f\ 1 8 Q 10 1 1 1? 
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o y lU 11 12 15 14 

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29 30 31 



2014 



January 


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March 


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2015 



January 


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1 2 3 

4 5 6 7 8 9 10 

11 19 1'^ 14 1^ 16 17 
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1 ^ 1 A 17 1 Q 1Q in 01 

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ID 10 1/ lo ly ZX) Zl 

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29 30 31 


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June 


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Su Mo Tu We Th Fr Sa 


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1 2 

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31 


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1 

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30 31 


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October 


November 


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15 16 17 18 19 20 21 
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29 30 


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Manual 

FOR THE 




General 
Court 



The Commonwealth of 
Massachusetts 



A MANUAL 



FOR THE USE OF THE 



GENERAL COURT 



Prepared under Section 11 of Chapter 5 of the General Laws, as most 
recently amended by Chapter 451 of the Acts of 2008. 



WILLIAM F. WELCH 

Clerk of the Senate 

AND 

STEVEN T. JAMES 
Clerk of the House 



FOR 



2011-12 



BY 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/nnanualforgeneralOOmass 



Declaration of Independence 



DECLARATION OF INDEPENDENCE. 



A DECLARATION BY THE REPRESENTATIVES OF THE UNITED 
STATES OF AMERICA IN CONGRESS ASSEMBLED. 

[July 4, 1776.] 

When in the Course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume among the Powers of the earth, the separate and 
equal station to which the Laws of Nature and of Nature's God entitle 
them, a decent respect to the opinions of mankind requires that they 
should declare the causes which impel them to the separation. 

We hold these truths to be self-evident, that all men are created 
equal, that they are endowed by their Creator with certain unalienable 
Rights, that among these are Life, Liberty and the pursuit of Happiness. 
That to secure these rights, Governments are instituted among Men, 
deriving their just powers from the consent of the governed. That 
whenever any Form of Government becomes destructive of these ends, it 
is the Right of the People to alter or to abolish it, and to institute new 
Government, laying its foundation on such principles and organizing its 
powers in such form, as to them shall seem most likely to effect their 
Safety and Happiness. Prudence, indeed, will dictate that Governments 
long established should not be changed for light and transient causes; 
and accordingly all experience hath shewn, that mankind are more 
disposed to suffer, while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But when a long 
train of abuses and usurpations, pursuing invariably the same Object 
evinces a design to reduce them under absolute Despotism, it is their 
right, it is their duty, to throw off such Government, and to provide new 
Guards for their future security. Such has been the patient sufferance of 
these Colonies; and such is now the necessity which constrains them to 
alter their former Systems of Government. The history of the present 
King of Great Britain is a history of repeated injuries and usurpations, all 
having in direct object the establishment of an absolute Tyranny over 
these States. To prove this, let Facts be submitted to a candid world. 

He has refused his Assent to Laws, the most wholesome and 
necessary for the public good. 



3 



4 



Declaration of Independence. 



He has forbidden his Governors to pass Laws of immediate and 
pressing importance, unless suspended in their operation till his Assent 
should be obtained; and when so suspended; he has utterly neglected to 
attend to them. 

He has refused to pass other Laws for the accommodation of large 
districts of people, unless those people would relinquish the right of 
Representation in the Legislature, a right inestimable to them and 
formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the Depository of their Public Records, 
for the sole purpose of fatiguing them into compliance with his 
measures. 

He has dissolved Representative Houses repeatedly, for opposing 
with manly firmness his invasions on the rights of the people. 

He has refused for a long time, after such dissolutions, to cause 
others to be elected; whereby the Legislative Powers, incapable of 
Annihilation, have returned to the People at large for their exercise; the 
State remaining in the meantime exposed to all the dangers of invasion 
from without, and convulsions within. 

He has endeavored to prevent the Population of these States; for that 
purpose obstructing the Laws for Naturalization of Foreigners; refusing 
to pass others to encourage their migrations hither, and raising the 
conditions of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by refusing his 
Assent to Laws for establishing Judiciary Powers. 

He has made Judges dependent on his Will alone, for the tenure of 
their offices, and the amount and payment of their salaries. 

He has erected a multitude of New Offices, and sent hither swarms 
of Officers to harrass our People, and eat out their substance. 

He has kept among us, in times of peace. Standing Armies without 
the Consent of our legislature. 

He has affected to render the Military independent of and superior to 
the Civil Power. 

He has combined with others to subject us to a jurisdiction foreign to 
our constitution, and unacknowledged by our laws; giving his Assent to 
their Acts of pretended Legislation: 

For quartering large bodies of armed troops among us: 
For protecting them, by a mock trial, from Punishment for any 
Murders which they should commit on the Inhabitants of these States: 
For cutting off our Trade with all parts of the world: 
For imposing Taxes on us without our Consent: 
For depriving us in many cases, of the benefits of Trial by Jury: 
For transporting us beyond Seas to be tried for pretended offenses: 



Declaration of Independence. 



5 



For abolishing the free System of English Laws in a neighboring 
Province, establishing therein an Arbitrary government, and enlarging its 
Boundaries so as to render it at once an example and fit instrument for 
introducing the same absolute rule into these Colonies: 

For taking away our Charters, abolishing our most valuable Laws, 
and altering fundamentally the Forms of our Governments: 

For suspending our own Legislatures, and declaring themselves 
invested with Power to legislate for us in all cases whatsoever. 

He has abdicated Government here, by declaring us out of his 
Protection and waging War against us. 

He has plundered our seas, ravaged our Coasts, burnt our towns, and 
destroyed the lives of our People. 

He is at this time transporting large Armies of foreign Mercenaries 
to compleat the works of death, desolation and tyranny, already begun 
with circumstances of Cruelty & perfidy scarcely paralleled in the most 
barbarous ages, and totally unworthy the Head of a civilized nation. 

He has constrained our fellow-Citizens taken Captive on the high 
Seas to bear Arms against their Country, to become the executioners of 
their friends and Brethren, or to fall themselves by their Hands. 

He has excited domestic insurrections amongst us, and has 
endeavored to bring on the inhabitants of our frontiers, the merciless 
Indian Savages, whose known rule of warfare, is an undistinguished 
destruction of all ages, sexes and conditions. 

In every stage of these Oppressions We have Petitioned for Redress 
in the most humble terms: Our repeated Petitions have been answered 
only by repeated injury. A Prince, whose character is thus marked by 
every act which may define a Tyrant, is unfit to be the ruler of a free 
People. 

Nor have We been wanting in attentions to our British brethren. We 
have warned them from time to time of attempts by their legislature to 
extend an unwarrantable jurisdiction over us. We have reminded them of 
the circumstances of our emigration and settlement here. We have 
appealed to their native justice and magnanimity, and we have conjured 
them by the ties of our common kindred to disavow these usurpations, 
which, would inevitably interrupt our connections and correspondence. 
They too have been deaf to the voice of justice and of consanguinity. We 
must, therefore, acquiesce in the necessity which denounces our 
Separation, and hold them, as we hold the rest of mankind, Enemies in 
War, in Peace Friends. 

We, therefore, the Representatives of the United States of 
America, in General Congress, Assembled, appealing to the Supreme 
Judge of the World for the rectitude of our intentions, do, in the Name, 
and by Authority of the good People of these Colonies, solemnly publish 



6 



Declaration of Independence. 



AND DECLARE, That thcsc United Colonies are, and of Right ought to be 
FREE AND INDEPENDENT States; that they are Absolved from all 
Allegiance to the British Crown, and that all political connection 
between them and the State of Great Britain, is and ought to be totally 
dissolved; and that as free and independent States, they have full 
Power to levy War, conclude Peace, contract Alliances, establish 
Commerce, and to do all other Acts and Things which independent 
States may of right do. And for the support of this Declaration, with a 
firm reliance on the Protection of Divine Providence. We mutually 
pledge to each other our Lives, our Fortunes and our sacred Honor. 

The foregoing declaration was, by order of Congress, engrossed and 
signed by the following members: 



JOHN HANCOCK, 



New Hampshire. 



JOSIAH BaRTLETT, 

Wm. Whipple, 



Matthew Thornton. 



Massachusetts Bay. 



Same. Adams, 
John Adams, 



RoBT. Treat Paine, 
Elbridge Gerry. 



Rhode Island, etc. 



Step. Hopkins, 



William Ellery. 



Connecticut. 



Roger Sherman, 
Sam'el Huntington, 



Wm. Williams, 
Oliver Wolcott. 



New York. 



Wm. Floyd, 
Phil Livingston, 



Frans. Lewis, 
Lewis Morris. 



RiCHD. Stockton, 
Jno. Witherspoon, 
Fras. Hopkinson, 



New Jersey. 



John Hart, 
Abra. Clark. 



Declaration of Independence. 



7 



RoBT. Morris, 
Benjamin Rush, 
Benja. Franklin, 
John Morton, 
Geo. Clymer, 



Pennsylvania. 



Jas. Smith, 
Geo. Taylor, 
James Wilson, 
Geo. Ross. 



Cesar Rodney, 
Geo. Read, 



Delaware. 



Tho. M'Kean. 



Samuel Chase, 
Wm. Paca, 



Mary-land. 



Thos. Stone, 
Charles Carroll of 
Carrollton. 



George Wythe, 
Richard Henry Lee, 
Th. Jefferson, 
Benja. Harrison, 



Virginia. 



Wm. Hooper, 
Joseph Hewes, 



North Carolina. 



Thos. Nelson, jr., 
Francis Lightfoot Lee, 
Carter Braxton. 



John Penn, 



South Carolina. 

Edward Rutledge, 
Thos. Heyward, junr.. 



Button Gwinnett, 
Lyman Hall, 



Georgia. 



Thomas Lynch, junr., 
Arthur Middleton. 



Geo. Walton. 



Resolved, That copies of the Declaration be sent to the several 
assemblies, conventions, and committees or councils of safety, and to the 
several commanding officers of the Continental Troops: That it be 
proclaimed in each of the United States, and at the Head of the 
Army. — [Jour. Cong., vol. 1, p. 396.] 



Constitution 

OF THE 

United States of America 



CONSTITUTION OF THE UNITED STATES 
OF AMERICA. 



Preamble. 

Objects of the Constitution 

Article I. 

Section 1. Legislative powers, in whom vested. Page 14. 

Sect. 2. House of representatives, how and by whom chosen — 
Qualifications of a representative — Representatives and direct taxes, how 
apportioned — Census — Vacancies to be filled — Power of choosing 
officers, and of impeachment. 14, 15. 

Sect. 3. Senators, how and by whom chosen — How classified — 
Vacancies, how filled — Qualifications of a Senator — President of the 
Senate, his right to vote — President pro tern, and other officers of 
Senate, how chosen — Power to try impeachments — When President is 
tried. Chief Justice to preside — Sentence. 15, 16. 

Sect. 4. Times &c., of holding elections, how prescribed — One 
session in each year. 16. 

Sect. 5. Membership — Quorum — Adjournments — Rules — 
Power to punish or expel — Journal — Time of adjournment limited, 
unless &c. 16. 

Sect. 6. Compensation — Privileges — Disqualification in certain 
cases. 17. 

Sect. 7. House to originate all revenue bills — Veto — Bill may be 
passed by two-thirds of each house, not withstanding, &c. — Bill not 
returned in ten days — Provision as to all orders, &c. except, &c. 17. 

Sect. 8. Powers of Congress. 17, 18. 



11 



12 



Constitution of the United States. 



Sect. 9. Provision as to migration or importation of certain persons — 
Habeas corpus — Bills of attainder, &c. — Taxes, how apportioned — No 
export duty — No commercial preferences — No money drawn from 
treasury, unless, &c. — No titular nobility — Officers not to receive 
presents, unless, &c. 18, 19. 

Sect. 10. States prohibited from the exercise of certain powers. 19. 

Article II. 

Section 1. President and Vice-President, their term of office — 
Electors of President and Vice-President, number, and how appointed — 
Electors to vote on same day — Qualifications of President — On whom 
his duties devolve in case of his removal, death, &c. — President's 
compensation — His oath. 1 9-2 1 . 

Sect. 2. President to be commander-in-chief — He may require 
opinion of, &c., and may pardon — Treaty-making power — 
Nomination of certain officers — When President may fill vacancies. 21. 

Sect. 3. President shall communicate to Congress — He may 
convene and adjourn Congress, in case, &c.; shall receive ambassadors, 
execute laws, and commission officers. 21. 

Sect. 4. All civil offices forfeited for certain crimes. 21. 

Article III. 

Section 1 . Judicial power — Tenure — Compensation. 22. 

Sect. 2. Judicial power, to what cases it extends — Original 
jurisdiction of supreme court — Appellate — Trial by jury, except, &c. — 
Trial, where, 22. 

Sect. 3. Treason defined — Proof of — Punishment of 22. 

Article IV. 

Section 1 . Credit to be given to public acts, &c., of every State. 22. 

Sect. 2. Privileges of citizens of each State — Fugitives from 
justice to be delivered up — Persons held to service, having escaped, to 
be delivered up. 23. 



Constitution of the United States. 



13 



Sect. 3. Admission of new States — Power of Congress over terri- 
tory and other property. 23. 

Sect. 4. Republican form of government guaranteed — Each State 
to be protected. 23. 

Article V. 
Constitution, how amended — Proviso. 23. 

Article VI. 

Certain debts, &c., adopted — Supremacy of Constitution, treaties, 
and laws of the United States — Oath to support Constitution, by whom 
taken — No religious test. 24. 

Article VII. 

Ratification necessary to establish Constitution. 24. 

Amendments. 

I. — Religious establishment prohibited — Freedom of speech, 

of the press, and the right to petition. 25. 

II. — Right to keep and bear arms. 25. 

III. — No soldier to be quartered in any house, unless, &c. 25. 

IV. — Right of search and seizure regulated. 25. 

V. — Provisions concerning prosecutions, trials, and punishments 
— Private property not to be taken for public use, without, 
&c. 25. 

VI. — Further provisions respecting criminal prosecutions. 25. 
VII. — Right of trial by jury secured. 26. 
VIII. — Bail, fines, and punishments. 26. 
IX. — Rule of construction. 26. 

X. — Same subject. 26. 

XI. — Same subject. 26. 

XII. — Manner of choosing President and Vice-President. 26, 27. 

XIII. — Slavery abolished. 27. 

XIV. — Citizenship defined — Apportionment of representatives — 

Persons engaged in rebellion excluded from office — Debts 
of United States, and of States contracted during the 
rebellion. 27, 28. 
XV. — Right of citizenship not to be abridged. 28. 



14 



Constitution of the United States. 



XVI. — Congress may tax incomes without apportionment or regard 
to census. 28. 

XVII. — Senators, number, term, qualifications of electors, filling of 
vacancies. 28, 29. 

XVIII. — Manufacture, sale, transportation and exportation of 
intoxicating liquors for beverage purposes prohibited. 29. 
XIX. — Right to vote not to be denied or abridged on account of 
sex. 29. 

XX. — Terms of President, Vice-President, Senators and Repre- 
sentatives — Time for assembling of Congress — Filling 
of vacancy in case of failure of President-elect to qualify, 
through death or otherwise. 29, 30. 

XXI. — Art. XVIII repealed. Interstate transportation of intoxi- 

cating liquors regulated. 30. 

XXII. — President, election limited to two terms. 30, 3 1 . 

XXIII. — District of Columbia, Presidential electors. 3 1 . 

XXIV. — Elimination of poll tax as prerequisite to right to vote. 3 1 . 
XXV. — Vice President, becomes President upon death or 

resignation of President. 31, 32. 
XXVI. — Eighteen years of age, — right to vote not to be denied or 
abridged. 32. 

XXVII. — Compensation of Members of Congress. 32. 

We the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquility, provide for the 
common defence, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

Article I. 

Section 1 . All legislative powers herein granted shall be vested in a 
congress of the United States, which shall consist of a senate and house 
of representatives. 

Sect. 2. The house of representatives shall be composed of members 
chosen every second year by the people of the several states, and the 
electors in each state shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature. 

No person shall be a representative who shall not have attained to the 
age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that state in 
which he shall be chosen. 



Constitution of the United States. 



15 



*Representatives and direct taxes shall be apportioned among the 
several states which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three-fifths of all other 
persons. The actual enumeration shall be made within three years after 
the first meeting of the congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. 
The number of representatives shall not exceed one for every thirty 
thousand, but each state shall have at least one representative; and until 
such enumeration shall be made, the state of New Hampshire shall be 
entitled to choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five. New York six. New Jersey 
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, 
North Carolina five. South Carolina five, and Georgia three. 

When vacancies happen in the representation from any state, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

The house of representatives shall choose their speaker and other 
officers; and shall have the sole power of impeachment. 

Sect. 3. t[The senate of the United States shall be composed of two 
senators from each state, chosen by the legislature thereof, for six years; 
and each senator shall have one vote.] 

Immediately after they shall be assembled in consequence of the first 
election, they shall be divided as equally as may be into three classes. 
The seats of the senators of the first class shall be vacated at the 
expiration of the second year, of the second class at the expiration of the 
fourth year, and of the third class at the expiration of the sixth year, so 
that one-third may be chosen every second year; t[and if vacancies 
happen by resignation, or otherwise, during the recess of the legislature 
of any state, the executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall then fill such 
vacancies]. 

No person shall be a senator who shall not have attained to the age of 
thirty years, and been nine years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that state for which he shall 
be chosen. 



*See Section 2 of Fourteenth Amendment. 
fSee Seventeenth Amendment. 



16 



Constitution of the United States. 



The vice-president of the United States shall be president of the 
senate, but shall have no vote, unless they be equally divided. 

The senate shall choose their other officers, and also a president pro 
tempore, in the absence of the vice-president, or when he shall exercise 
the office of president of the United States. 

The senate shall have the sole power to try all impeachments. When 
sitting for that purpose, they shall be on oath or affirmation. When the 
president of the United States is tried, the chief justice shall preside: and 
no person shall be convicted without the concurrence of two-thirds of the 
members present. 

Judgment in cases of impeachment shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office of 
honor, trust or profit under the United States: but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment and 
punishment, according to law. 

Sect. 4. The times, places and manner of holding elections for 
senators and representatives, shall be prescribed in each state by the 
legislature thereof; but the congress may at any time by law make or 
alter such regulations, except as to the places of choosing senators. 

*[The congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day.] 

Sect. 5. Each house shall be the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall constitute 
a quorum to do business; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of absent members, 
in such manner, and under such penalties as each house may provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two- 
thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may in their judgment 
require secrecy; and the yeas and nays of the members of either house on 
any question shall, at the desire of one-fifth of those present, be entered 
on the journal. 

Neither house, during the session of congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 



'See Twentieth Amendment. 



Constitution of the United States. 



17 



Sect. 6. The senators and representatives shall receive a compen- 
sation for their services, to be ascertained by law, and paid out of the 
treasury of the United States. They shall in all cases, except treason, 
felony and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in going to and 
returning from the same; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

No senator or representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority of the United 
States, which shall have been created, or the emoluments whereof shall 
have been increased during such time; and no person holding any office 
under the United States, shall be a member of either house during his 
continuance in office. 

Sect. 7. All bills for raising revenue shall originate in the house of 
representatives; but the senate may propose or concur with amendments 
as on other bills. 

Every bill which shall have passed the house of representatives and 
the senate, shall, before it become a law, be presented to the president of 
the United States; if he approve he shall sign it, but if not he shall return 
it, with his objections, to that house in which it shall have originated, 
who shall enter the objections at large on their journal, and proceed to 
reconsider it. If after such reconsideration two-thirds of that house shall 
agree to pass the bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a law. But in all such cases 
the votes of both houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall be entered on 
the journal of each house respectively. If any bill shall not be returned by 
the president within ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, in like manner as if he had 
signed it, unless the congress by their adjournment prevent its return, in 
which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
senate and house of representatives may be necessary (except on a 
question of adjournment) shall be presented to the president of the 
United States; and before the same shall take effect, shall be approved by 
him, or being disapproved by him, shall be repassed by two-thirds of the 
senate and house of representatives, according to the rules and 
limitations prescribed in the case of a bill. 

Sect. 8. The congress shall have power — to lay and collect taxes, 
duties, imposts and excises, to pay the debts and provide for the common 



18 



Constitution of the United States. 



defence and general welfare of the United States; but all duties, imposts 
and excises shall be uniform throughout the United States; — to borrow 
money on the credit of the United States; — to regulate commerce with 
foreign nations, and among the several states, and with the Indian tribes; — 
to establish an uniform rule of naturalization, and uniform laws on the 
subject of bankruptcies throughout the United States; — to coin money, 
regulate the value thereof, and of foreign coin, and fix the standard of 
weights and measures; — to provide for the punishment of counterfeiting 
the securities and current coin of the United States; — to establish post 
offices and post roads; — to promote the progress of science and useful 
arts, by securing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries; — to constitute 
tribunals inferior to the supreme court; — to define and punish piracies 
and felonies committed on the high seas, and offences against the law of 
nations; — to declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; — to raise and support 
armies, but no appropriation of money to that use shall be for a longer 
term than two years; — to provide and maintain a navy; — to make rules 
for the government and regulation of the land and naval forces; — to 
provide for calling forth the militia to execute the laws of the Union, 
suppress insurrections, and repel invasions; — to provide for organizing, 
arming, and disciplining the militia, and for governing such part of them 
as may be employed in the service of the United States, reserving to the 
states respectively, the appointment of the officers, and the authority of 
training the militia according to the discipline prescribed by congress; — 
to exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of particular 
states, and the acceptance of congress, become the seat of the 
government of the United States, and to exercise like authority over all 
places purchased by the consent of the legislature of the state in which 
the same shall be, for the erection of forts, magazines, arsenals, dock 
yards, and other needful buildings; — and to make all laws which shall 
be necessary and proper for carrying into execution the foregoing 
powers, and all other powers vested by this constitution in the govern- 
ment of the United States, or in any department or officer thereof 

Sect. 9. The migration or importation of such persons as any of the 
states now existing shall think proper to admit, shall not be prohibited by 
the congress prior to the year one thousand eight hundred and eight, but 
a tax or duty may be imposed on such importation, not exceeding ten 
dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 



Constitution of the United States. 



19 



No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax, shall be laid, unless in proportion 
to the census or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any state. 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one state over those of another; nor shall vessels 
bound to, or from, one state, be obliged to enter, clear or pay duties in 
another. 

No money shall be drawn from the treasury, but in consequence of 
appropriations made by law; and a regular statement and account of the 
receipts and expenditures of all public money shall be published from 
time to time. 

No title of nobility shall be granted by the United States; and no 
person holding any office of profit or trust under them shall, without the 
consent of the congress, accept of any present, emolument, office or title, 
of any kind whatever, from any king, prince, or foreign state. 

Sect. 10. No state shall enter into any treaty, alliance, or confeder- 
ation; grant letters of marque and reprisal; coin money; emit bills of 
credit; make any thing but gold and silver coin a tender in payment of 
debts; pass any bill of attainder, ex post facto law, or law impairing the 
obligation of contracts, or grant any title of nobility. No state shall, 
without the consent of the congress, lay any imposts or duties on imports 
or exports, except what may be absolutely necessary for executing its 
inspection laws: and the net produce of all duties and imposts, laid by 
any state on imports or exports, shall be for the use of the treasury of the 
United States; and all such laws shall be subject to the revision and 
control of the congress. No state shall, without the consent of congress, 
lay any duty of tonnage, keep troops, or ships of war in time of peace, 
enter into any agreement or compact with another state, or with a foreign 
power, or engage in war, unless actually invaded, or in such imminent 
danger as will not admit of delay. 



Article II. 

Section 1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term of 
four years, and, together with the vice-president, chosen for the same 
term, be elected, as follows: — 

Each state shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of senators 



20 



Constitution of the United States. 



and representatives to which the state may be entitled in the congress; 
but no senator or representative, or person holding an office of trust or 
profit under the United States, shall be appointed an elector. 

*[The electors shall meet in their respective states, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same state with themselves. And they shall make a list of all the persons 
voted for, and of the number of votes for each; which list they shall sign 
and certify, and transmit sealed to the seat of the government of the 
United States, directed to the president of the senate. The president of the 
senate shall, in the presence of the senate and house of representatives, 
open all the certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the president, if such 
number be a majority of the whole number of electors appointed; and if 
there be more than one who have such majority, and have an equal 
number of votes, then the house of representatives shall immediately 
choose by ballot one of them for president; and if no person have a 
majority, then from the five highest on the list the said house shall in like 
manner choose the president. But in choosing the president, the votes 
shall be taken by states, the representation from each state having one 
vote; a quorum for this purpose shall consist of a member or members 
from two-thirds of the states, and a majority of all the states shall be 
necessary' to a choice. In every case, after the choice of the president, the 
person having the greatest number of votes of the electors shall be the 
vice-president. But if there should remain two or more who have equal 
votes, the senate shall choose from them by ballot the vice-president.] 

The congress may determine the time of choosing the electors, and 
the day on which they shall give their votes; which day shall be the same 
throughout the United States. 

No person except a natural bom citizen, or a citizen of the United 
States, at the time of the adoption of this constitution, shall be eligible to 
the office of president; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States. 

In case of the removal of the president from office, or of his death, 
resignation or inability to discharge the powers and duties of the said office, 
the same shall devolve on the vice-president, and the congress may by law 
provide for the case of removal, death, resignation, or inability, both of 
the president and vice-president, declaring what officer shall then act as 
president, and such officer shall act accordingly, until the disability be 
removed, or a president shall be elected. 



=See Twelfth Amendment. 



Constitution of the United States. 



21 



The president shall, at stated times, receive for his services, a com- 
pensation, which shall neither be increased nor diminished during the 
period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or any 
of them. 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation: — 

"I do solemnly swear (or affirm) that I will faithfully execute the 
office of president of the United States, and will to the best of my ability, 
preserve, protect and defend the constitution of the United States." 

Sect. 2. The president shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several states, when 
called into the actual service of the United States; he may require the 
opinion, in writing, of the principal officer in each of the executive 
departments, upon any subject relating to the duties of their respective 
offices, and he shall have power to grant reprieves and pardons for 
offences against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the 
senate, to make treaties, provided two-thirds of the senators present 
concur; and he shall nominate, and by and with the advice and consent of 
the senate, shall appoint ambassadors, other public ministers and 
consuls, judges of the supreme court, and all other officers of the United 
States, whose appointments are not herein otherwise provided for, and 
which shall be established by law: but the congress may by law vest the 
appointment of such inferior officers, as they think proper, in the 
president alone, in the courts of law, or in the heads of departments. 

The president shall have power to fill up all vacancies that may 
happen during the recess of the senate, by granting commissions which 
shall expire at the end of their next session. 

Sect. 3. He shall from time to time give to the congress information 
of the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both houses, or either of them, and in 
case of disagreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he shall think proper; 
he shall receive ambassadors and other public ministers; he shall take 
care that the laws be faithfully executed, and shall commission all the 
officers of the United States. 

Sect. 4. The president, vice-president, and all civil officers of the 
United States, shall be removed from office on impeachment for, and 
conviction of, treason, bribery, or other high crimes and misdemeanors. 



22 



Constitution of the United States. 



Article III. 

Section 1. The judicial power of the United States shall be vested in 
one supreme court, and in such inferior courts as the congress may from 
time to time ordain and establish. The judges, both of the supreme and 
inferior courts, shall hold their offices during good behavior, and shall, at 
stated times, receive for their services, a compensation, which shall not 
be diminished during their continuance in office. 

Sect. 2. The judicial power shall extend to all cases, in law and 
equity, arising under this constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; — to all 
cases affecting ambassadors, other public ministers, and consuls; — to 
all cases of admiralty and maritime jurisdiction; — to controversies to 
which the United States shall be a party; — to controversies between two 
or more states; — between a state and citizens of another state; — 
between citizens of different states; — between citizens of the same state 
claiming lands under grants of different states, and between a state, or 
the citizens thereof, and foreign states, citizens or subjects. 

In all cases affecting ambassadors, other public ministers and consuls, 
and those in which a state shall be a party, the supreme court shall have 
original jurisdiction. In all the other cases before mentioned, the supreme 
court shall have appellate jurisdiction, both as to law and fact, with such 
exceptions, and under such regulations as the congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be by 
jury; and such trial shall be held in the state where the said crimes shall 
have been committed; but when not committed within any state, the trial 
shall be at such place or places as the congress may by law have directed. 

Sect. 3. Treason against the United States, shall consist only in 
levying war against them, or in adhering to their enemies, giving them 
aid and comfort. No persons shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

The congress shall have power to declare the punishment of treason, 
but no attainder of treason shall work corruption of blood, or forfeiture 
except during the life of the person attainted. 

Article IV. 

Section 1. Full faith and credit shall be given in each state to the 
public acts, records, and judicial proceedings of every other state. And 
the congress may by general laws prescribe the manner in which such 
acts, records and proceedings shall be proved, and the effect thereof 



Constitution of the United States. 



12> 



Sect. 2. The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 

A person charged in any state with treason, felony, or other crime, 
who shall flee from justice, and be found in another state, shall, on 
demand of the executive authority of the state from which he fled, be 
delivered up to be removed to the state having jurisdiction of the crime. 

No person held to service or labor in one state, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such service or labor may 
be due. 

Sect. 3. New states may be admitted by the congress into this Union; 
but no new state shall be formed or erected within the jurisdiction of any 
other state; nor any state be formed by the junction of two or more states, 
or parts of states, without the consent of the legislatures of the states 
concerned as well as of the congress. 

The congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belonging 
to the United States; and nothing in this constitution shall be so 
construed as to prejudice any claims of the United States or of any 
particular state. 

Sect. 4. The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect each of them 
against invasion, and on application of the legislature, or of the executive 
(when the legislature cannot be convened) against domestic violence. 

Article V. 

The congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this constitution, or, on the 
application of the legislatures of two-thirds of the several states, shall 
call a convention for proposing amendments, which, in either case, shall 
be valid to all intents and purposes, as part of this constitution, when 
ratified by the legislatures of three-fourths of the several states, or by 
conventions in three-fourths thereof, as the one or the other mode of 
ratification may be proposed by congress; provided that no amendment 
which may be made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses in the ninth 
section of the first article; and that no state, without its consent, shall be 
deprived of its equal suffrage in the senate. 



24 



Constitution of the United States. 



Article VI. 

All debts contracted and engagements entered into before the 
adoption of this constitution, shall be as valid against the United States 
under this constitution, as under the confederation. 

This constitution, and the laws of the United States which shall be 
made in pursuance thereof; and all treaties made, or which shall be made, 
under the authority of the United States, shall be the supreme law of the 
land; and the judges in every state shall be bound thereby, any thing in 
the constitution or laws of any state to the contrary notwithstanding. 

The senators and representatives before mentioned, and the members 
of the several state legislatures, and all executive and judicial officers, 
both of the United States and of the several states, shall be bound by oath 
or affirmation, to support this constitution; but no religious test shall 
ever be required as a qualification to any office or public trust under the 
United States. 

Article VII. 

The ratification of the conventions of nine states, shall be sufficient 
for the establishment of this constitution between the states so ratifying 
the same. 



Constitution of the United States. 



25 



ARTICLES 

IN ADDITION TO, AND AMENDMENT OF, 

The Constitution of the United States of America, proposed by congress, 
and ratified by the legislatures of the several states, pursuant to the 
fifth article of the original constitution. 

Article I. Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech, or of the press; or the right of the people peaceably to 
assemble, and to petition the government for a redress of grievances. 

Art. II. A well regulated militia, being necessary to the security of a 
free state, the right of the people to keep and bear arms shall not be 
infringed. 

Art. III. No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

Art. IV. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue, but upon probable 
cause, supported by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be seized. 

Art. V. No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or naval forces, or in the militia, when 
in actual service in time of war or public danger; nor shall any person be 
subject for the same offence to be twice put in jeopardy of life or limb; 
nor shall be compelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty or property, without due process 
of law; nor shall private property be taken for public use, without just 
compensation. 

Art. VI. In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the state and 
district wherein the crime shall have been committed, which district shall 
have been previously ascertained by law, and to be informed of the 
nature and cause of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining witnesses in his 
favor, and to have the assistance of counsel for his defence. 



26 Constitution of the United States. 



Art. VII. In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any court of 
the United States, than according to the rules of the common law. 

Art. VIII. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

Art. IX. The enumeration in the constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the people. 

Art. X. The powers not delegated to the United States by the 
constitution, nor prohibited by it to the states, are reserved to the states 
respectively, or to the people. 

Art. XI. The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of another state, 
or by citizens or subjects of any foreign state. 

Art. XII. The electors shall meet in their respective states, and vote 
by ballot for president and vice-president, one of whom, at least, shall 
not be an inhabitant of the same state with themselves; they shall name 
in their ballots the person voted for as president, and in distinct ballots 
the person voted for as vice-president, and they shall make distinct lists 
of all persons voted for as president, and of all persons voted for as vice- 
president, and of the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of the government of the 
United States, directed to the president of the senate; — the president of 
the senate shall, in presence of the senate and house of representatives, 
open all the certificates and the votes shall then be counted; — the 
person having the greatest number of votes for president, shall be the 
president, if such number be a majority of the whole number of electors 
appointed; and if no person have such majority, then from the persons 
having the highest numbers not exceeding three on the list of those voted 
for as president, the house of representatives shall choose immediately, 
by ballot, the president. But in choosing the president, the votes shall be 
taken by states, the representation from each state having one vote; a 
quorum for this purpose shall consist of a member or members from two- 
thirds of the states, and a majority of all the states shall be necessary to a 
choice. And if the house of representatives shall not choose a president 
whenever the right of choice shall devolve upon them, before the fourth 
day of March next following, then the vice-president shall act as 



Constitution of the United States. 



27 



president, as in the case of the death or other constitutional disability of 
the president. 

The person having the greatest number of votes as vice-president, 
shall be the vice-president, if such number be a majority of the whole 
number of electors, appointed, and if no person have a majority, then 
from the two highest numbers on the list, the senate shall choose the 
vice-president; a quorum for the purpose shall consist of two-thirds of 
the whole number of senators, and a majority of the whole number shall 
be necessary to a choice. 

But no person constitutionally ineligible to the office of president 
shall be eligible to that of vice-president of the United States. 

Art. XIII. Sect. 1. Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States or any place subject to 
their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article by appro- 
priate legislation. 

Art. XIV. SECt. 1. All persons bom or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside. No state shall make or 
enforce any law which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any state deprive any person of 
life, liberty or property, without due process of law, nor deny to any 
person within its jurisdiction the equal protection of the laws. 

Sect. 2. Representatives shall be apportioned among the several 
states according to their respective numbers, counting the whole number 
of persons in each state, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for president and vice- 
president of the United States, representatives in congress, the executive 
and judicial officers of a state, or the members of the legislature thereof, 
is denied to any of the male inhabitants of such state, being twenty-one 
years of age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of 
representation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of male 
citizens twenty-one years of age in such state. 

Sect. 3. No person shall be a senator, or representative in congress, 
or elector of president and vice-president, or hold any office, civil or 



28 



Constitution of the United States. 



military, under the United States, or under any state, who, having 
previously taken an oath, as a member of congress, or as an officer of the 
United States, or as a member of any state legislature, or as an executive 
or judicial officer of any state, to support the constitution of the United 
States, shall have engaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof But congress may, by a 
vote of two-thirds of each house, remove such disability. 

Sect. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall not be 
questioned. 

But neither the United States, nor any state, shall assume or pay any 
debt or obligation incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of any slave; but 
all such debts, obligations and claims shall be held illegal and void. 

Sect. 5. The congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

Art. XV. Sect. 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or by any state, on 
account of race, color, or previous condition of servitude. 

Sect. 2. The congress shall have power to enforce this article by 
appropriate legislation. 

Art. XVI. The congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment among 
the several states, and without regard to any census or enumeration. 

Art. XVII.* The senate of the United States shall be composed of 
two senators from each state, elected by the people thereof, for six years; 
and each senator shall have one vote. The electors in each state shall 
have the qualifications requisite for electors of the most numerous 
branch of the state legislatures. 

When vacancies happen in the representation of any state in the 
senate, the executive authority of such state shall issue writs of election 
to fill such vacancies: provided, that the legislature of any state may 



* "In lieu of the first paragraph of section three of article I of the constitution of 
the United States, and in lieu of so much of paragraph two of the same section as 
relates to the filling of vacancies." 



Constitution of the United States. 



29 



empower the executive thereof to make temporary appointment until the 
people fill the vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to affect the election or 
term of any senator chosen before it becomes valid as part of the 
constitution. 

t[ART. XVIII. Sect. 1. After one year from the ratification of this 
article the manufacture, sale, or transportation of intoxicating liquors 
within, the importation thereof into, or the exportation thereof from the 
United States and all territory subject to the jurisdiction thereof for 
beverage purposes is hereby prohibited. 

Sect. 2. The Congress and the several States shall have concurrent 
power to enforce this article by appropriate legislation. 

Sect. 3. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the legislatures of the 
several States, as provided in the Constitution, within seven years from 
the date of the submission hereof to the States by the Congress.] 

Art. XIX. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on account of 
sex. 

Congress shall have power to enforce this article by appropriate 
legislation. 

Art. XX. Sect. 1. The terms of the President and Vice President 
shall end at noon on the 20th day of January, and the terms of Senators 
and Representatives at noon on the 3d day of January, of the years in 
which such terms would have ended if this article had not been ratified; 
and the terms of their successors shall then begin. 

Sect. 2. *The Congress shall assemble at least once in every year, 
and such meeting shall begin at noon on the 3d day of January, unless 
they shall by law appoint a different day. 

Sect. 3. If, at the time fixed for the beginning of the term of the 
President, the President elect shall have died, the Vice President elect 
shall become President. If a President shall not have been chosen before 



fRepealed. See Twenty-first Amendment. 

* "In lieu of the second paragraph of section 4 of article I of the constitution of 
the United States." 



30 



Constitution of the United States. 



the time fixed for the beginning of his term, or if the President elect shall 
have failed to qualify, then the Vice President elect shall act as President 
until a President shall have qualified; and the Congress may by law 
provide for the case wherein neither a President elect nor a Vice 
President elect shall have qualified, declaring who shall then act as 
President, or the manner in which one who is to act shall be selected, and 
such persons shall act accordingly until a President or Vice President 
shall have qualified. 

Sect. 4. The Congress may by law provide for the case of the death 
of any of the persons from whom the House of Representatives may 
choose a President whenever the right of choice shall have devolved 
upon them, and for the case of the death of any of the persons from 
whom the Senate may choose a Vice President whenever the right of 
choice shall have devolved upon them. 

Sect. 5. Sections 1 and 2 shall take effect on the 15th day of 
October following the ratification of this article. 

Sect. 6. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the legislatures of three- 
fourths of the several States within seven years from the date of its 
submission. 

Art. XXI. Sect. 1. The eighteenth article of amendment to the 
Constitution of the United States is hereby repealed. 

Sect. 2. The transportation or importation into any State, Territory, 
or possession of the United States for delivery or use therein of 
intoxicating liquors, in violation of the laws thereof, is hereby 
prohibited. 

Sect. 3. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by conventions in the 
several States, as provided in the Constitution, within seven years from 
the date of the submission hereof to the States by the Congress. 

Art. XXII. Sect. 1. No person shall be elected to the office of the 
President more than twice, and no person who has held the office of 
President, or acted as President, for more than two years of a term to 
which some other person was elected President shall be elected to the 
office of the President more than once. But this Article shall not apply to 



Constitution of the United States. 



31 



any person holding the office of President when this Article was 
proposed by the Congress, and shall not prevent any person who may be 
holding the office of President, or acting as President, during the term 
within which this Article becomes operative from holding the office of 
President or acting as President during the remainder of such term. 

Sect. 2. This article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the legislatures of three- 
fourths of the several States within seven years from the date of its 
submission to the States by the Congress. 

Art. XXIII. Sect. 1. The District constituting the seat of Govern- 
ment of the United States shall appoint in such manner as the Congress 
may direct: 

A number of electors of President and Vice President equal to the 
whole number of Senators and Representatives in Congress to which 
the District would be entitled if it were a State, but in no event more than 
the least populous State; they shall be in addition to those appointed 
by the States, but they shall be considered, for the purposes of the 
election of President and Vice President, to be electors appointed by a 
State; and they shall meet in the District and perform such duties as 
provided by the twelfth article of amendment. 

Sect. 2. The Congress shall have power to enforce this article by 
appropriate legislation. 

Art. XXIV. Sect. 1. The right of citizens of the United States to 
vote in any primary or other election for President or Vice President, for 
electors for President or Vice President, or for Senator or Representative 
in Congress, shall not be denied or abridged by the United States or any 
State by reason of failure to pay any poll tax or other tax. 

Sect. 2, The Congress shall have power to enforce this article by 
appropriate legislation. 

Art. XXV. Sect. 1 . In case of the removal of the President from 
office or of his death or resignation, the Vice President shall become 
President. 

Sect. 2. Whenever there is a vacancy in the office of the Vice 
President, the President shall nominate a Vice President who shall take 
office upon confirmation by a majority vote of both Houses of Congress. 



32 



Constitution of the United States. 



Sect. 3. Whenever the President transmits to the President pro 
tempore of the Senate and the Speaker of the House of Representatives 
his written declaration that he is unable to discharge the powers and 
duties of his office, and until he transmits to them a written declaration 
to the contrary, such powers and duties shall be discharged by the Vice 
President as Acting President. 

Sect. 4. Whenever the Vice President and a majority of either the 
principal officers of the executive departments or of such other body as 
Congress may by law provide, transmit to the President pro tempore of 
the Senate and the Speaker of the House of Representatives their written 
declaration that the President is unable to discharge the powers and 
duties of his office, the Vice President shall immediately assume the 
powers and duties of the office as Acting President. 

Thereafter, when the President transmits to the President pro 
tempore of the Senate and the Speaker of the House of Representatives 
his written declaration that no inability exists, he shall resume the 
powers and duties of his office unless the Vice President and a majority 
of either the principal officers of the executive department or of such 
other body as Congress may by law provide, transmit within four days to 
the President pro tempore of the Senate and the Speaker of the House of 
Representatives their written declaration that the President is unable to 
discharge the powers and duties of his office. Thereupon Congress shall 
decide the issue, assembling within forty-eight hours for that purpose if 
not in session. If the Congress, within twenty-one days after receipt of 
the latter written declaration, or, if Congress is not in session, within 
twenty-one days after Congress is required to assemble, determines by 
two-thirds vote of both Houses that the President is unable to discharge 
the powers and duties of his office, the Vice President shall continue to 
discharge the same as Acting President; otherwise, the President shall 
resume the powers and duties of his office. 

Art. XXVI. Sect. 1 . The right of citizens of the United States, who 
are eighteen years of age or older, to vote shall not be denied or abridged 
by the United States or by any State on account of age. 

Sect. 2. The Congress shall have the power to enforce this article by 
appropriate legislation. 

Art. XXVII. No law, varying the compensation for the services of 
the Senators and Representatives, shall take effect, until an election of 
Representatives shall have intervened. 

[Note: The constitution was adopted September 17, 1787, by the 
unanimous consent of the states present in the convention appointed in 



Constitution of the United States. 



33 



pursuance of the resolution of the congress of the confederation of 
February 21, 1787, and was ratified by the conventions of the several 
states, as follows: viz.: By convention of Delaware, December 7, 1787; 
Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; 
Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, 
February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 
1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; New 
York, July 26, 1788; North Carolina, November 21, 1789; Rhode Island, 
May 29, 1790. 

The first ten amendments were proposed to the legislatures of the 
several states at the first session of the first congress of the United 
States, September 25, 1789, and were finally ratified by the consti- 
tutional number of states on December 15, 1791. Subsequently they were 
ratified by Massachusetts on March 2, 1939. 

The eleventh amendment was proposed to the legislatures of the 
several states at the first session of the third congress, March 5, 1794, 
and was declared in a message from the President of the United States to 
both houses of congress, dated January 8, 1798, to have been adopted by 
the legislatures of three-fourths of the states. 

The twelfth amendment was proposed to the legislatures of the 
several states at the first session of the eighth congress, December 12, 

1803, and was ratified by the legislatures of three-fourths of the states in 

1804, according to a public notice thereof by the secretary of state, dated 
September 25 of the same year. 

The thirteenth amendment was proposed to the legislatures of the 
several states by the thirty-eighth congress on February 1, 1865, and was 
declared, in a proclamation of the secretary of state, dated December 1 8, 
1865, to have been ratified by the legislatures of three-fourths of the 
states. 

The fourteenth amendment was proposed to the legislatures of the 
several states by the thirty-ninth congress, on June 16, 1866. 

On July 20, 1868, the secretary of state of the United States issued 
his certificate, setting out that it appeared by official documents on file 
in the department of state that said amendment had been ratified by the 
legislatures of the states of Connecticut, New Hampshire, Tennessee, 
New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, 
Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, Rhode Island, 
Wisconsin, Pennsylvania, Michigan, Massachusetts, Nebraska and Iowa, 
and by newly established bodies avowing themselves to be and acting as 
the legislatures of the states of Arkansas, Florida, North Carolina, 
Louisiana, South Carolina and Alabama', that the legislatures of Ohio 
and New Jersey had since passed resolutions withdrawing the consent of 
those states to said amendment; that the whole number of states in the 
United States was thirty-seven, that the twenty-three states first above 



34 



Constitution of the United States. 



named and the six states next above named together, constituted three- 
fourths of the whole number of states, and certifying that if the 
resolutions of Ohio and New Jersey, ratifying said amendment were still 
in force, notwithstanding their subsequent resolutions, then said amend- 
ment had been ratified and so become valid as part of the constitution. 

On July 21, 1868, congress passed a resolution reciting that the 
amendment had been ratified by Connecticut, Tennessee, New Jersey, 
Oregon, Vermont, West Virginia, Kansas, Missouri, Indiana, Ohio, 
Illinois, Minnesota, New York, Wisconsin, Pennsylvania, Rhode Island, 
Michigan, Nevada, New Hampshire, Massachusetts, Nebraska, Maine, 
Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina and 
Louisiana, being three-fourths of the several states of the Union, and 
declaring said fourteenth article to be a part of the constitution of the 
United States, and making it the duty of the secretary of state to duly 
promulgate it as such. 

On July 28, 1868, the secretary of state issued his certificate, reciting 
the above resolution, and stating that official notice had been received at 
the department of state that action had been taken by the legislatures of 
the states in relation to said amendment, as follows: "It was ratified in 
A.D. 1866, by Connecticut, June 30; New Hampshire, July 7; Tennessee, 
July 19; Oregon, September 19; Vermont, November 9. In A.D. 1867, by 
New York, January 10; Illinois, January 15; West Virginia, January 16; 
Kansas, January 18; Maine, January 19; Nevada, January 22; Missouri, 
January 26; Indiana, January 29; Minnesota, February 1; Rhode Island, 
February 7; Wisconsin, February 13; Pennsylvania, February 13; 
Michigan, February 15; Massachusetts, March 20; Nebraska, June 15. 
In A.D. 1868 by Iowa, April 3; Arkansas, April 6; Florida, June 9; 
Louisiana, July 9; and Alabama, July 13. 

It was first ratified and the ratification subsequently withdrawn by 
New Jersey, ratified September 11, 1866, withdrawn April, 1868; Ohio, 
ratified January 11, 1867, and withdrawn January, 1868. 

It was first rejected and then ratified by Georgia, rejected Novem- 
ber 13, 1866, ratified July 21, 1868; North Carolina, rejected December 4, 
1866, ratified July 4, 1868; South Carolina, rejected December 20, 1866, 
ratified July 9, 1868. 

It was rejected by Texas, November 1, 1866; Virginia, January 9, 
1867; Kentucky, January 10, 1867; Delaware, February 7, 1867; and 
Maryland, March 23, 1867. 

And on said July 28, 1868, and in execution of the act proposing the 
amendment and of the concurrent resolution of congress above 
mentioned and in pursuance thereof, the secretary of state directed that 
said amendment to the constitution be published in the newspapers 
authorized to promulgate the laws of the United States, and certified that 



Constitution of the United States. 



35 



it had been adopted in the manner above specified by the states named in 
said resolution, and that it "has become valid to all intents and purposes 
as a part of the constitution of the United States." 

Subsequently, it was ratified by Virginia, October 8, 1869, by 
Georgia again, February 2, 1870, and by Texas, February 18, 1870. 

The fifteenth amendment was proposed to the legislatures of the 
several states by the fortieth congress on February 27, 1869, and was 
declared, in a proclamation of the secretary of state, dated March 30, 
1870, to have been ratified by the legislatures of the constitutional 
number of states and to have "become valid to all intents and purposes as 
part of the constitution of the United States." 

The sixteenth amendment was proposed to the legislatures of the 
several states by the sixty-first congress, at its first session, in 1909. On 
February 25, 1913, the secretary of state made proclamation to the effect 
that, from official documents on file in the department, it appeared that 
the amendment had been ratified by the legislatures of the states of 
Alabama, Kentucky, South Carolina, Illinois, Mississippi, Oklahoma, 
Maryland, Georgia, Texas, Ohio, Idaho, Oregon, Washington, 
California, Montana, Indiana, Nevada, North Carolina, Nebraska, 
Kansas, Colorado, North Dakota, Michigan, Iowa, Missouri, Maine, 
Tennessee. Arkansas, Wisconsin, New York, South Dakota, Arizona, 
Minnesota, Louisiana, Delaware and Wyoming, in all thirty-six; and 
further, that the states whose legislatures had so ratified the said 
proposed amendment constituted three-fourths of the whole number of 
states in the United States; and, further, that it appeared from official 
documents on file in the department that the legislatures of New Jersey 
and New Mexico had passed resolutions ratifying the said proposed 
amendment. He further certified that the amendment had "become valid 
to all intents and purposes as a part of the constitution of the United 
States." 

The seventeenth amendment was proposed to the legislatures of the 
several states by the sixty-second congress, at its second session, in 
1912. On May 31, 1913, the secretary of state made proclamation to the 
effect that, from official documents on file in the department, it appeared 
that the amendment had been ratified by the legislatures of the states of 
Massachusetts, Arizona, Minnesota, New York, Kansas, Oregon, North 
Carolina, California, Michigan, Idaho, West Virginia, Nebraska, Iowa, 
Montana, Texas, Washington, Wyoming, Colorado, Illinois, North 
Dakota, Nevada, Vermont, Maine, New Hampshire, Oklahoma, Ohio, 
South Dakota, Indiana, Missouri, New Mexico, New Jersey, Tennessee, 
Arkansas, Connecticut, Pennsylvania and Wisconsin; and, further, that 
the states whose legislatures had so ratified the said proposed 
amendment constituted three-fourths of the whole number of states in the 



36 Constitution of the United States. 



United States. He further certified that the amendment had "become 
valid to all intents and purposes as a part of the constitution of the United 
States." 

The eighteenth amendment was proposed to the legislatures of the 
several states by the sixty-fifth congress, at its second session, in 1917. 
On January 29, 1919, the acting secretary of state made proclamation to 
the effect that, from official documents on file in the department, it 
appeared that the amendment had been ratified by the legislatures of the 
states of Alabama, Arizona, California, Colorado, Delaware, Florida, 
Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, 
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, 
Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, 
Oklahoma, Oregon, South Dakota, South Carolina, Texas, Utah, 
Virginia, Washington, West Virginia, Wisconsin and Wyoming', and, 
further, that the states whose legislatures had so ratified the said 
proposed amendment constituted three-fourths of the whole number of 
states in the United States. He further certified that the amendment had 
"become valid to all intents and purposes as a part of the constitution of 
the United States." 

The nineteenth amendment was proposed to the legislatures of the 
several states by the sixty-sixth congress, at its first session, in 1919. On 
August 26, 1920, the secretary of state made proclamation that, from 
official documents on file in the department, it appeared that the 
amendment had been ratified by the legislatures of the states of Arizona, 
Arkansas, California, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, 
Kentucky, Maine, Massachusetts, Michigan, Minnesota, Missouri, 
Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, 
New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, 
Rhode Island, South Dakota, Tennessee, Texas, Utah, Washington, West 
Virginia, Wisconsin and Wyoming; and, further, that the states whose 
legislatures had so ratified the said proposed amendment constituted 
three-fourths of the whole number of states in the United States. He 
fiirther certified that the amendment had "become valid to all intents and 
purposes as a part of the constitution of the United States." 

The twentieth amendment was proposed to the legislatures of the 
several states by the seventy-second congress, at its first session, in 
1931. On February 6, 1933, the secretary of state made proclamation 
that, from official documents on file in the department, it appeared that 
the amendment had been ratified by the legislatures of the states of 
Alabama, Arizona, Arkansas, California, Colorado, Connecticut, 
Delaware, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, 
Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, 
Missouri, Montana, Nebraska, New Jersey, New York, North Carolina, 



Constitution of the United States. 



37 



North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South 
Carolina, South Dakota, Texas, Utah, Virginia, Washington, West 
Virginia, Wisconsin and Wyoming; and, further, that the states whose 
legislatures had so ratified the said proposed amendment constituted 
more than the requisite three-fourths of the whole number of states in the 
United States. He further certified that the amendment had "become 
valid to all intents and purposes as a part of the constitution of the United 
States." 

The twenty-first amendment was proposed to conventions of the 
several states by the seventy-second congress, at its second session, in 
1933. On December 5, 1933, the acting secretary of state made 
proclamation that, from official notices received at the department, it 
appeared that the amendment had been ratified by conventions in the 
states of Alabama, Arizona, Arkansas, California, Colorado, 
Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, 
Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, 
Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, 
Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, 
Virginia, Washington, West Virginia, Wisconsin and Wyoming; and, 
further, that the states wherein conventions had so ratified the said 
proposed amendment constituted the requisite three-fourths of the whole 
number of states in the United States. He further certified that the 
amendment had "become valid to all intents and purposes as a part of the 
constitution of the United States." 

The twenty-second amendment was proposed to the legislatures of 
the several states by the eightieth congress, at its first session, in 1947. 
On March 1, 1951, the administrator of general services certified that 
from official documents on file in the general services administration it 
appeared that the amendment had been ratified by the legislatures of the 
states of Arkansas, California, Colorado, Connecticut, Delaware, 
Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, 
Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New 
Hampshire, New Jersey, New Mexico, New York, North Carolina, North 
Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, 
Utah, Vermont, Virginia, Wisconsin and Wyoming; and, further, that the 
states whose legislatures had so ratified the said proposed amendment 
constituted the requisite three-fourths of the whole number of states in 
the United States. He further certified that the amendment had "become 
valid to all intents and purposes as a part of the constitution of the United 
States." 

The twenty-third amendment was proposed by Congress on June 16, 
1960. On April 3, 1961, the administrator of general services certified that 
from official documents on file in the general services administration it 



38 



Constitution of the United States. 



appeared that the amendment had been ratified by the legislatures of the 
states of Alaska, Arizona, California, Colorado, Connecticut, Delaware, 
Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, 
Nevada, New Hampshire, New Jersey, New Mexico, New York, North 
Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South 
Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, 
Wisconsin and Wyoming; and further that the states whose legislatures 
had so ratified the said proposed amendment constituted the requisite 
three-fourths of the whole number of states in the United States. He 
further certified that the amendment had "become valid to all intents and 
purposes as a part of the constitution of the United States." 

The twenty-fourth amendment was proposed by Congress on 
August 27, 1962. On February 4, 1964, the administrator of general 
services certified that from official documents on file in the general 
services administration it appeared that the amendment had been ratified 
by the legislatures of the states of Alaska, California, Colorado, 
Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, 
Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, 
Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, 
New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, 
Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, 
Washington, West Virginia and Wisconsin; and further that the states 
whose legislatures had so ratified the said proposed amendment 
constituted the requisite three-fourths of the whole number of states in 
the United States. He further certified that the amendment had "become 
valid to all intents and purposes as a part of the constitution of the United 
States." 

The twenty-fifth amendment was proposed by Congress on Jan- 
uary 6, 1965. On February 27, 1967, the administrator of general services 
certified that fi-om official documents on file in the general services admin- 
istration it appeared that the amendment had been ratified by the legis- 
latures of the states of Alaska, Arizona, Arkansas, California, Colorado, 
Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, 
Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, 
Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, 
New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode 
Island, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, 
Wisconsin and Wyoming; and further that the states whose legislatures 
had so ratified the said proposed amendment constituted the requisite 
three-fourths of the whole number of states in the United States. He 
further certified that the amendment had "become valid to all intents and 
purposes as a part of the constitution of the United States." 



Constitution of the United States. 



39 



The twenty-sixth amendment to the Constitution of the United States 
was submitted to the several states by a joint resolution of Congress, at 
the first session, ninety-second Congress, begun January 21, 1971, and 
was certified by the Administrator of General Services on July 5, 1971, 
36 Fed. Reg. 12725, to have been ratified by the legislatures of 
Alabama, Arkansas, Arizona, California, Colorado, Connecticut, 
Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, 
Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, 
Montana, Nebraska, New Hampshire, New Jersey, New York, North 
Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South 
Carolina, Tennessee, Texas, Vermont, Washington, West Virginia, and 
Wisconsin. 

The twenty-seventh amendment was submitted to the several states 
pursuant to a resolution passed by the first Congress of the United States, 
at its first session, on Sept. 25, 1789, and was certified by the Archivist 
of the United States on May 19, 1992, 57 Fed. Reg. 21 187, to have been 
ratified by the legislatures of the states of Alabama, Alaska, Arizona, 
Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, 
Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, 
Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, 
New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, 
South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, 
Virginia, West Virginia, Wisconsin, and Wyoming.] 



Constitution 

OR 

Form of Government 

FOR THE 

Commonwealth of 
Massachusetts 



CONSTITUTION OR FORM OF GOVERNMENT 
FOR THE 

COMMONWEALTH OF MASSACHUSETTS 

Preamble. 

Objects of government - Body politic, how formed - Its nature. Page 54. 

PART THE FIRST. 
Declaration of Rights. 

Article 1. Equality and natural rights of all men. 55. [Annulled. See 
Amendments, Art. 106.] 

Art. 2. Right and duty of public religious worship. 55. 

Art. 3. Legislature empowered to compel provision for public 
worship - Legislature to enjoin attendance - Exclusive right of electing 
religious teachers secured - Option as to whom parochial taxes may be 
paid, unless, etc. - All denominations equally protected - Subordination 
of one sect to another prohibited. 55. 

Art. 4. Right of self-government secured. 56. 

Art. 5. Accountability of all officers, etc. 56. 

Art. 6. Services rendered to the public being the only title to 
peculiar privileges, hereditary offices are absurd and unnatural. 56. 

Art. 7. Objects of government; right of people to institute and 
change it. 56. 

Art. 8. Right of people to secure rotation in office. 57. 
Art. 9. All, having the qualifications prescribed, equally eligible to 
office. 57. 

Art. 10. Right of protection and duty of contribution correlative - 
Taxation founded on consent - Private property not to be taken for 
public uses without, etc. 57. 

Art. 1 1. Remedies, by recourse to the law, to be free, complete and 
prompt. 57. 

Art. 12. Prosecutions regulated - Right to trial by jury in criminal 
cases, except, etc. 57. 

Art. 13. Crimes to be proved in the vicinity. 58. 

Art. 14. Right of search and seizure regulated. 58. 

Art. 15. Right to trial by jury sacred, except, etc. 58. 

Art. 16. Liberty of the press. 58. [Annulled. See Amendments. 
Art. 77.] 

Art. 17. Right to keep and bear arms - Standing armies dangerous - 
Military power subordinate to civil. 58. 



43 



44 



Constitution of Massachusetts. 



Art. 18. Moral qualifications for office - Moral obligations of 
lawgivers and magistrates. 59. 

Art. 19. Right of people to assemble peaceably, to instruct represen- 
tatives and to petition legislature. 59. 

Art. 20. Power to suspend the laws or their execution. 59. 

Art. 21. Freedom of debate, etc., and reason thereof. 59. 

Art. 22. Frequent sessions, and objects thereof 59. 

Art. 23. No tax without consent. 59. 

Art. 24. Ex post facto laws prohibited. 59. 

Art. 25. Legislature not to convict of treason, etc. 60. 

Art. 26. Excessive bail or fines, and cruel punishments, prohibited. 60. 

Art. 27. No soldier to be quartered in any house, unless, etc. 60. 

Art. 28. Citizens exempt from law-martial, unless, etc. 60. 

Art. 29. Judges of supreme judicial court - Tenure of their office - 
Salaries. 60. 

Art. 30. Separation of legislative, executive and judicial depart- 
ments. 60. 



PART THE SECOND. 
The Frame of Government 
Title of body politic. 61. 



Chapter I. 
The Legislative Power. 
Section L 
The General Court. 



Article 1. Legislative department. 61. 

Art. 2. Governor's veto - Bill or resolve may be passed by two- 
thirds of each house, notwithstanding - Bill or resolve not returned 
within five days to be law. 61. 

Art. 3. General court may constitute judicatories, courts of record, 
etc. - Courts, etc., may administer oaths. 62. 

Art. 4. General court may enact laws, etc., not repugnant to the 
constitution; may provide for the election or appointment of officers: 
prescribe their duties; impose taxes, duties and excises, to be disposed of 
for defense, protection, etc. - Valuation of estates once in ten years at 
least, while, etc. 62. 



Section II. 
Senate. 



Article 1. Senate, number and by whom elected - Counties to be 
districts, until, etc. 64. 



Constitution of Massachusetts. 



45 



Art. 2. Manner and time of choosing senators and councillors - 
Word "inhabitant" defined - Selectmen to preside at town meetings - 
Return of votes - Inhabitants of unincorporated plantations who pay state 
taxes may vote - Plantation meetings - Assessors to notify, etc. 65. 

Art. 3. Governor and council to examine and count votes, and issue 
summonses. 66. 

Art. 4. Senate to be final judge of elections, etc., of its own mem- 
bers - Vacancies, how filled. 66. 

Art. 5. Qualifications of a senator. 67. 

Art. 6. Not to adjourn more than two days. 67. 

Art. 7. Shall choose its officers and establish its rules. 67. 

Art. 8. Shall try all impeachments - Oath - Limitations of sen- 
tence. 67. 

Art. 9. Quorum. 67. 

Section III. 
House of Representatives. 

Article 1. Representation of the people. 67. 

Art. 2. Representatives, by whom chosen - Proviso as to towns 
having less than 150 ratable polls - Towns liable to fine in case, etc. - 
Expenses of travelling to and from the general court, how paid. 68. 

Art. 3. Qualifications of a representative. 68. 

Art. 4. Qualifications of a voter. 68. 

Art. 5. Representatives, when chosen. 69. 

Art. 6. House alone can impeach. 69. 

Art. 7. House to originate all money bills. 69. 

Art. 8. Not to adjourn more than two days. 69. 

Art. 9. Quorum. 69. 

Art. 10. To judge of returns, etc., of its own members; to choose its 
officers and establish its rules, etc. - May punish for certain offenses - 
Privileges of members. 69. 

Art. 11. Senate and Governor and council may punish - General 
limitation - Trial may be by committee, or otherwise, 69. 

Chapter II. 

EXECUTIVE POWER. 

Section I. 
Governor. 

Article 1 . Governor - His title. 70. 
Art. 2. To be chosen annually - Qualifications. 70. 
Art. 3. To be chosen by the people, by a majority of votes - How 
chosen, when no person has a majority. 70. 



46 



Constitution of Massachusetts. 



Art. 4. Power of governor to assemble council and power of 
governor and council. 71. 

Art. 5. Power of governor and council to adjourn or prorogue 
general court and convene the same. 71. 

Art. 6. Governor and council may adjourn general court in cases, 
etc., but not exceeding ninety days. 71. 

Art. 7. Governor to be commander-in-chief - Limitation. 72. 
[Annulled. See Amendments, Art. 54.] 

Art. 8. Pardoning power. 72. [Annulled. See Amendments, Art. 73.] 

Art, 9. Judicial officers, etc., how nominated and appointed. 73. 

Art. 10. Militia officers, how elected - How commissioned - 
Election of officers - Major-generals, how appointed and commissioned - 
Vacancies, how filled, in case, etc. - Officers duly commissioned, how 
removed - Adjutants, etc., how appointed - Organization of militia. 73. 
[Annulled. See Amendments, Art. 53.] 

Art. 1 1 . Money, how drawn from the treasury, except, etc. 74. 

Art. 12. All public boards, etc., to make quarterly returns. 74. 

Art. 13. Salary of governor - Salaries of justices of supreme judicial 
court - Salaries to be enlarged, if insufficient. 74. 

Section II. 
Lieutenant-Governor. 

Article 1. Lieutenant-governor, his title and qualifications - How 
chosen. 75. 

Art. 2. Governor to be president of council - Lieutenant-governor a 
member of, except, etc. 75. 

Art. 3. Lieutenant-governor to be acting governor, in case, etc. 75. 

Section III. 

Council, and the Manner of settling Elections by the Legislature. 
Article 1. Council. 76. 

Art. 2. Number; from whom, and how chosen - If senators become 
councillors, their seats to be vacated. 76. 
Art. 3. Rank of councillors. 76. 
Art. 4. No district to have more than two. 76. 
Art. 5. Register of council. 76. 

Art. 6. Council to exercise power of governor in case, etc. 76. 
[Annulled. See Amendments, Art. 55.] 

Art. 7. Elections may be adjourned until, etc. - Order thereof 77. 



Constitution of Massachusetts. 



41 



Section IV. 
Secretary, Treasurer, Commissary, etc. 

Article 1. Secretary, etc., by whom and how chosen - Treasurer 
ineligible for more than five successive years. 77. 

Art. 2. Secretary to keep records, to attend the governor and council, 
etc. 77. 

Chapter III. 
Judiciary Power. 

Article 1. Tenure of all commissioned officers to be expressed - 
Judicial officers to hold office during good behavior, except, etc. - But 
may be removed on address. 78. 

Art. 2. Justices of supreme judicial court to give opinions when 
required. 78. [Amended. See Amendments, Art. 85.] 

Art. 3. Justices of the peace; tenure of office. 78. 

Art. 4. Provisions for holding probate courts. 78. 

Art. 5. Provisions for determining causes of marriage, divorce, 
etc. 78. 

Chapter IV. 

DELEGATES TO CONGRESS. 

Election, etc. 79. [Annulled.] 

Chapter V. 

THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT 
OF LITERATURE, ETC. 

Section I. 
The University. 

Article 1. Harvard College - Powers, privileges, etc., of the presi- 
dent and fellows confirmed. 79. 

Art. 2. All gifts, grants, etc., confirmed. 80. 

Art. 3. Who shall be overseers - Power of alteration reserved to the 
legislature. 80. 

Section II. 
The Encouragement of Literature, etc. 
Duty of legislatures and magistrates in all future periods. 80. 



48 



Constitution of Massachusetts. 



Chapter VI. 

OATHS AND INCOMPATIBILITY OF OFFICE; ENACTING STYLE; 
REVISAL OF CONSTITUTION, ETC. 

Article 1. Oaths of allegiance and office, etc. 81. 

Art. 2. Plurality of officers prohibited to governor, etc., except, etc. - 
Incompatible offices - Bribery, etc., disqualify. 83. 

Art. 3. Value of money ascertained - Property qualifications may 
be increased. 83. 

Art. 4. Provisions respecting commission. 84. 

Art. 5. Provisions respecting writs. 84. 

Art. 6. Continuation of former laws, except, etc. 84. 

Art. 7. Benefit of habeas corpus secured, except, etc. 84. 

Art. 8. The enacting style. 84. 

Art. 9. Officers of former government continued until, etc. 84. 

Art. 10. Provision for revising constitution. 85. 

Art. 1 1 . Provision for preserving and publishing this constitution. 85. 

Amendments. 

Article 1. Bill, etc., not approved within five days, not to become a 
law, if legislature adjourn in the meantime. 86. 

Art. 2. General court empowered to charter cities and to establish 
limited town meeting form of government - Proviso. 86. 

Art. 3. Qualifications of voters for governor, lieutenant-governor, 
senators and representatives. 86. 

Art. 4. Notaries public, how appointed and removed - Vacancies in 
the offices of secretary and treasurer, how filled, in case, etc. - 
Commissary-general may be appointed, in case, etc. - Militia officers, 
how removed. 87. 

Art. 5. Who may vote for captains and subalterns. 87. [Annulled. 
See Art. 53.] 

Art. 6. Oath to be taken by all officers; or affirmation in case, etc. 87. 

Art. 7. Tests abolished. 88. 

Art. 8. Incompatibility of officers. 88. 

Art. 9. Amendments to constitution, how made. 88. [Annulled. See 
Art. 48.] 

Art. 10. Commencement of political year; and termination - 
Governor, etc., term of office - Meetings for choice of governor, 
lieutenant-governor, etc., when to be held; may be adjourned. 88. 

Art. 11. Religious freedom established. 89. 

Art. 12. Census of ratable polls - Representatives, how appor- 
tioned. 90. 



Constitution of Massachusetts. 



49 



Art. 13. Census - Senatorial districts - Apportionment of rep- 
resentatives and councillors - Freehold as a qualification for a seat in 
general court or council not required. 91. 

Art. 14. Election by people to be plurality. 93. 

Art. 15. Time of annual election of governor, lieutenant-governor 
and legislature. 93. 

Art. 16. Eight councillors, how chosen - State to be districted - 
Eligibility defined - Day and manner of election - Vacancies, how filled - 
Organization of government. 93. 

Art. 17. Election of secretary, treasurer, auditor and attorney-general - 
Vacancies, how filled - to qualify within ten days - Qualifications. 94. 

Art. 18. School money not to be applied for sectarian schools. 95. 

Art. 19. Legislature to prescribe for election of sheriffs, registers of 
probate, etc. 95. 

Art. 20. Reading constitution in English and writing, necessary 
qualifications of voters - Proviso. 95. 

Art. 21. Census of voters and inhabitants - House of representatives 
to consist of 240 members - Legislature to apportion, etc. - Qualifi- 
cations of representatives - Quorum. 95. [Annulled. See Art. 71.] 

Art. 22. Census of voters and inhabitants - Senate to consist of 40 
members - Senatorial districts - Proviso - Qualifications of senators - 
Quorum. 97. [Annulled. See Art. 71.] 

Art. 23. Residence of two years required of naturalized citizens to 
entitle to suffrage, or make eligible to office. 97. [Annulled. See Art. 26.] 

Art. 24. Vacancies in Senate. 97. 

Art. 25. Vacancies in council. 98. 

Art. 26, Twenty-third article annulled. 98. 

Art. 27. Officers of Harvard College may be elected members of the 
general court. 98. 

Art. 28. Persons having served in the U.S. army or navy, etc., not to 
be disqualified from voting, etc. 98. 

Art. 29. General court empowered to provide more than one place 
of meeting in towns for the election of officers, and to prescribe manner 
of calling, etc., such meetings. 98. 

Art. 30. Voters not disqualified by reason of change of residence 
until six months from time of removal. 98. 

Art. 3 1 . Article twenty-eight amended. 99. 

Art. 32. So much of article three annulled as makes the payment of 
a poll tax a prerequisite for voting. 99. 

Art. 33. A majority of each branch of the general court to constitute 
a quorum, etc. 99. 

Art. 34. Property qualification of governor annulled. 99. 



50 



Constitution of Massachusetts. 



Art. 35. Clause in relation to payment of traveling expenses of 
members of the house annulled. 99. 

Art. 36. So much of article nineteen as is contained in the words 
"Commissioners of Insolvency" annulled. 100. 

Art. 37. Governor, with the consent of the council, may remove 
justices of the peace and notaries public. 100. 

Art. 38. Voting machines may be used at elections, under regula- 
tions. 100. 

Art. 39. Powers of legislature relative to excess takings of land, etc., 
for laying out, widening or relocating highways, etc. - Proviso. 100. 

Art. 40. Article three of amendments amended so as to exclude 
from voting persons disqualified by law because of corrupt practices in 
elections. 100. 

Art. 41. Taxation of wild or forest lands. 100. [Annulled. See 
Art. 110.] 

Art. 42. Authority given to general court to refer acts and resolves 
to the people for rejection or approval. 100. [Annulled. See Art. 48.] 

Art. 43. Authority given to general court to authorize the common- 
wealth to take land, etc., to relieve congestion of population and provide 
homes for citizens. 101. 

Art. 44. Authority given to general court to tax income. 101. 

Art. 45. Authority given to general court to provide for absent 
voting. 101. [Annulled. See Art. 76.] 

Art. 46. Religious freedom - Public money not to be appropriated 
for founding, maintaining or aiding educational, charitable or religious 
institutions not publicly owned, except, etc. - Care or support of public 
charges in private hospitals - Religious services for inmates of certain 
institutions. 101. 

Art. 47. General court may provide for maintenance and distribution 
of food, etc., in time of war, public exigency, emergency or distress, by 
the commonwealth, cities and towns. 102. 

Art. 48. The Initiative and Referendum. 103. [See Arts. 74 and 81.] 

Art. 49. Conservation, etc., of natural resources of commonwealth. 
112. [Annulled. See Art. 97.] 

Art. 50. Regulation of advertising in public places. 1 12. 

Art. 5 1 . Preservation and maintenance of property of historical and 
antiquarian interest. 1 12. 

Art. 52. General court may take a recess. 112. [Annulled. See 
Art. 102.] 

Art. 53. Selection of officers of the militia. 1 12. 
Art. 54. Powers of the governor as commander-in-chief 113. 
Art. 55. Succession in cases of vacancies in the offices of governor 
and lieutenant-governor. 113. 



Constitution of Massachusetts. 



51 



Art. 56. Return of bills and resolves by the governor with recom- 
mendation for amendment. 113. 

Art. 57. Women to be eligible to appointment as notaries public. 1 14. 

Art. 58. Retirement of judicial officers. 1 14. [Annulled. See Art. 98.] 

Art. 59. Revocation of grants, franchises, privileges or immuni- 
ties. 114. 

Art. 60. Power of general court to establish building zones or dis- 
tricts. 1 14. 

Art. 61. Compulsory voting at elections. 1 14. 

Art. 62. Lending the credit of the commonwealth - Commonwealth 
may borrow - Vote required - Expenditure limited. 1 14. [See Art. 84.] 

Art. 63. A State budget and veto of items by the governor. 115. 
[Annulled. See Art. 107.] 

Art. 64. Biennial elections - Treasurer ineligible for more than three 
successive terms - General court to assemble annually - First election 
under this article. 1 16. [Annulled. See Art. 82.] 

Art. 65. Appointment of legislators to office and service upon 
recess committees. 116. 

Art. 66. Organization of not more than twenty departments to 
perform the executive and administrative work of the common- 
wealth. 1 16. 

Art. 67. Roll-call on ''Emergency Measures" not required unless 
requested by two senators or five representatives. 1 17. 

Art. 68. Word "male" stricken out from qualifications for 
voting. 1 17. 

Art. 69. Removal of ineligibility of women to hold office - 
Registration of women as notaries public, upon change of name. 117. 

Art. 70. General court authorized to provide limited forms of town 
meetings in towns containing more than six thousand but less than 
twelve thousand inhabitants. 117. 

Art. 71. Twenty-first and twenty-second articles annulled and 
superseded - Census of inhabitants and special enumeration of voters - 
House of Representatives, number. Legislature to apportion, etc. - 
Senate, number - Senatorial and councillor districts - Qualifications of 
representatives and senators. 118. 

Art. 72. Biennial sessions of the general court - Biennial budget - 
Provisions requiring general court to meet annually annulled. 120. 
[Annulled. See Art. 75.] 

Art. 73. General court may regulate pardons for a felony. 120. 

Art. 74. Article 48, Initiative and Referendum, amended. 120. 

Art. 75. Annual sessions of the general court and annual budget 
restored. 122. 

Art. 76. Authority given to general court to provide for voting by 
physically disabled persons. 123. [Annulled. See Art. 105.] 



52 



Constitution of Massachusetts. 



Art. 77. Liberty of the press - Free speech. 123. 

Art. 78. Revenue from use of vehicles to be used for highway 
purposes only. 123. 

Art. 79. Vacancies on account of failure to elect secretary, treasurer, 
auditor or attorney-general, or in case of death before qualification, how 
filled. 123. 

Art. 80. Terms of elected state officers - Succession in cases of 
death of governor and lieutenant-governor before qualification. 124. [See 
Art. 82.] 

Art. 81. Article 48, Initiative and Referendum, amended. 124. 

Art. 82. Four-year terms for Governor, Lieutenant-Governor, 
Secretary, Treasurer and Receiver-General, Attorney-General and 
Auditor. 128. 

Art. 83. Continuity of government. 129. 

Art. 84. Providing for a two-thirds vote of each House of the General 
Court on legislation pledging the credit of the Commonwealth. 129. 

Art. 85. Providing that the Governor or the Council may require 
an opinion of the Justices of the Supreme Judicial Court on certain 
matters. 129. 

Art. 86. Governor and Lieutenant-Governor shall be elected by 
single vote, on same ballot, from one party. 130. 

Art. 87. Reorganization of government, in whole or part, governor 
may introduce, and General Court may veto, within sixty days. 130. 

Art. 88. Industrial development, cities and towns may provide, as 
General Court may determine. 130. 

Art. 89. Local self-government is reaffirmed; process of charter 
adoption or revision by municipalities, is outlined. Limitations on local 
powers; powers of General Court in relation to cities and towns. 131. 

Art. 90. Bills and resolves automatically become law if held by 
governor for ten days during session of General Court - Bills and 
resolves automatically dead if they are not approved by governor and 
adjournment of General Court - Prevents their return by him within ten 
days of presentment - Power of governor to return bills and resolves to 
General Court with amendments - Power of governor to veto or reduce 
items in appropriation bills. 134. 

Art. 9 1 . Office of governor deemed vacant upon written declaration 
by governor, the supreme court or other authorized body. 135. 

Art. 92. Census of inhabitants and special enumeration of voters - 
House of Representatives, number. Legislature to apportion, etc. - 
Senate, number - Senatorial and councillor districts - Qualifications of 
representatives and senators. 136. [Annulled. See Art. 101.] 

Art. 93. One year residency requirement to be eligible to vote 
within Commonwealth annulled. 138. 



Constitution of Massachusetts. 



53 



Art. 94. Reduction of age qualification for eligibility to vote from 
twenty-one to nineteen years of age. 138. 

Art. 95. Word "pauper" stricken from qualification for voting. 138. 

Art. 96. Resident educational grants-in-aid may be authorized by 
General Court. 138. 

Art. 97. Environmental bill of rights. 138. 

Art. 98. Retirement of judicial officers. 138. 

Art. 99. Taxation of agricultural and horticultural lands. 139. 

Art. 100. Voting age qualification lowered to eighteen. 139. 

Art. 101. House of Representatives cut to 160 members - decennial 
census qualifications, etc. 139. 

Art. 102. General Court recess. 141. 

Art. 103. Religious freedom - Public money not to be appropriated 
for founding, maintaining or aiding educational, charitable or religious 
institutions not publicly owned, except, etc. - Educational grant-in-aid 
exception. 141. 

Art. 104. Revenues from use of vehicles to be used for highway and 
mass transportation purposes only. 141. 

Art. 105. Absentee voting - religious beliefs. 142. 

Art. 106. Equality under law not to be denied or abridged on the 
basis of sex, race, color, creed or national origin. 142. 

Art. 107. State budget - Time for submission by governor who has 
not served in preceding term as governor. 142. 

Art. 108. Voter information material - households. 143. 

Art. 109. State census - residence. 143. 

Art. 1 10. Taxation of wild or forest lands. 143. 

Art, 111. Public school students - No assignment or denial of 
admittance due to race, color, national origin or creed. 144. 

Art. 112. Real property taxation - classifications by use. 144. 

Art. 113. City and town charters - Time for submission to city or 
town councils. 144. 

Art. 1 14. Handicapped individuals - Prohibit discrimination. 144. 

Art. 115. Cities and towns - General Court shall not enact laws 
which impose additional costs, exception. 144. 

Art. 116. Capital punishment - General Court empowered to 
impose. 145. 

Art. 117. Federal census - basis of determination for senatorial, 
representative and councillor districts. 145. 

Art. 118. General Court base compensation - median household 
income. 145. 

Art. 119. State legislative and Executive Councillor redistricting,- 
effective date. 145. 

Art. 120. Incarcerated persons, - right to vote. 146. 



54 Constitution of Massachusetts. 



PREAMBLE. 

The end of the institution, maintenance and administration of 
government, is to secure the existence of the body politic, to protect it, 
and to furnish the individuals who compose it, with the power of 
enjoying in safety and tranquility their natural rights, and the blessings of 
life: and whenever these great objects are not obtained, the people have a 
right to alter the government, and to take measures necessary for their 
safety, prosperity, and happiness. 

The body politic is formed by a voluntary association of individuals: 
it is a social compact, by which the whole people covenants with each 
citizen, and each citizen with the whole people, that all shall be governed 
by certain laws for the common good. It is the duty of the people, 
therefore, in framing a constitution of government, to provide for an 
equitable mode of making laws, as well as for an impartial interpretation, 
and a faithful execution of them; that every man may, at all times, find 
his security in them. 

We, therefore, the people of Massachusetts, acknowledging, with 
grateful hearts, the goodness of the great Legislator of the universe, in 
affording us, in the course of His providence, an opportunity, 
deliberately and peaceably, without fraud, violence or surprise, of 
entering into an original, explicit, and solemn compact with each other; 
and of forming a new constitution of civil government, for ourselves and 
posterity; and devoutly imploring His direction in so interesting a design, 
do agree upon, ordain and establish, the following Declaration of Rights, 
and Frame of Government, as the Constitution of the Commonwealth 
OF Massachusetts. 



Constitution of Massachusetts. 



55 



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants of the 
Commonwealth of Massachusetts. 

Article I. All men are bom free and equal, and have certain natural, 
essential and unalienable rights; among which may be reckoned the right 
of enjoying and defending their lives and liberties; that of acquiring, 
possessing, and protecting property; in fine, that of seeking and 
obtaining their safety and happiness. [Annulled by Amendments, 
Art. CVI.] 

Art. II. It is the right as well as the duty of all men in society, 
publicly, and at stated seasons to worship the Supreme Being, the great 
Creator and Preserver of the universe. And no subject shall be hurt, 
molested, or restrained, in his person, liberty, or estate, for worshipping 
God in the manner and season most agreeable to the dictates of his own 
conscience, or for his religious procession or sentiments; provided he 
doth not disturb the public peace, or obstruct others in their religious 
worship. [See Amendments, Arts. XLVI and XLVIII.] 

Art. III. [As the happiness of a people, and the good order and 
preservation of civil government, essentially depend upon piety, religion, 
and morality; and as these cannot be generally diffused through a 
community, but by the institution of the public worship of God, and of 
public instructions in piety, religion and morality; Therefore, to promote 
their happiness and to secure the good order and preservation of their 
government, the people of this Commonwealth have a right to invest 
their legislature with power to authorize and require, and the legislature 
shall, from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious societies, to 
make suitable provision, at their own expense, for the institution of the 
public worship of God, and for the support and maintenance of public 
Protestant teachers of piety, religion and morality, in all cases where 
such provision shall not be made voluntarily. 

And the people of this Commonwealth have also a right to, and do, 
invest their legislature with authority to enjoin upon all the subjects an 
attendance upon the instructions of the public teachers aforesaid, at 
stated times and seasons, if there be any on whose instructions they can 
conscientiously and conveniently attend. 



56 Constitution of Massachusetts. 



Provided notwithstanding, that the several towns, parishes, precincts, 
and other bodies politic, or religious societies, shall, at all times, have 
the exclusive right of electing their public teachers, and of contracting 
with them for their support and maintenance. 

And all moneys, paid by the subject to the support of public worship, 
and of the public teachers aforesaid, shall, if he require it, be uniformly 
applied to the support of the public teacher or teachers of his own 
religious sect or denomination, provided there be any on whose 
instructions he attends; otherwise it may be paid towards the support of 
the teacher or teachers of the parish or precinct in which the said moneys 
are raised. 

And every denomination of Christians, demeaning themselves 
peaceably, and as good subjects of the Commonwealth, shall be equally 
under the protection of the law: and no subordination of any one sect or 
denomination to another shall ever be established by law.] [Art. XI of 
Amendments substituted for this.] 

Art. IV. The people of this Commonwealth have the sole and 
exclusive right of governing themselves, as a free, sovereign, and 
independent state; and do, and forever hereafter shall, exercise and enjoy 
every power, jurisdiction, and right, which is not, or may not hereafter, 
be by them expressly delegated to the United States of America in 
Congress assembled. 

Art. V. All power residing originally in the people, and being derived 
from them, the several magistrates and officers of government, vested 
with authority, whether legislative, executive, or judicial, are their 
substitutes and agents, and are at all times accountable to them. 

Art. VI. No man, nor corporation, or association of men, have any 
other title to obtain advantages, or particular and exclusive privileges, 
distinct from those of the community, than what arises from the 
consideration of services rendered to the public; and this title being in 
nature neither hereditary, nor transmissible to children, or descendants, 
or relations by blood, the idea of a man bom a magistrate, lawgiver, or 
judge, is absurd and unnatural. 

Art. VII. Government is instituted for the common good; for the 
protection, safety, prosperity, and happiness of the people; and not for 
the profit, honor, or private interest of any one man, family or class of 
men: Therefore the people alone have an incontestable, unalienable, and 
indefeasible right to institute government; and to reform, alter, or totally 
change the same, when their protection, safety, prosperity and happiness 
require it. 



Constitution of Massachusetts. 



57 



Art. VIII. In order to prevent those, who are vested with authority, 
from becoming oppressors, the people have a right, at such periods and 
in such manner as they shall establish by their frame of government, to 
cause their public officers to return to private life; and to fill up vacant 
places by certain and regular elections and appointments. 

Art. IX. All elections ought to be free; and all the inhabitants of this 
Commonwealth, having such qualifications as they shall establish by 
their frame of government, have an equal right to elect officers, and to be 
elected, for public employments. [See Amendments, Arts. XLV and 
XLVIII, The Initiative, II. sec. 2] [For compulsory voting, see 
Amendments, Art. LXI.] [For use of voting machines at elections, see 
Amendments, Art. XXXVIII.] [For absent voting, see Amendments, 
Art. LXXVI.] 

Art. X. Each individual of the society has a right to be protected by it 
in the enjoyment of his life, liberty and property, according to standing 
laws. He is obliged, consequently, to contribute his share to the expense 
of this protection; to give his personal service, or an equivalent, when 
necessary: but no part of the property of any individual, can, with justice, 
be taken from him, or applied to public uses, without his own consent, or 
that of the representative body of the people. In fine, the people of this 
Commonwealth are not controllable by any other laws than those to 
which their constitutional representative body have given their consent. 
And whenever the public exigencies require, that the property of any 
individual should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. [See Amendments, Arts. XXXIX, 
XLIII, XLVII, XLVIII, The Initiative, II, sect. 2, LXIX, L, LI and 
XCVII.] 

Art. XI. Every subject of the Commonwealth ought to find a certain 
remedy, by having recourse to the laws, for all injuries or wrongs which 
he may receive in his person, property, or character. He ought to obtain 
right and justice freely, and without being obliged to purchase it; 
completely, and without any denial; promptly, and without delay; 
conformably to the laws. 

Art. XII. No subject shall be held to answer for any crimes or 
offence, until the same is fully and plainly, substantially and formally, 
described to him; or be compelled to accuse, or furnish evidence against 
himself And every subject shall have a right to produce all proofs, that 
may be favorable to him; to meet the witnesses against him face to face, 
and to be fully heard in his defense by himself, or his counsel, at his 



58 



Constitution of Massachusetts, 



election. And no subject shall be arrested, imprisoned, despoiled, or 
deprived of his property, immunities, or privileges, put out of the 
protection of the law, exiled, or deprived of his life, liberty, or estate, but 
by the judgment of his peers, or the law of the land. 

And the legislature shall not make any law, that shall subject any 
person to a capital or infamous punishment, excepting for the 
government of the army and navy, without trial by jury. [See Amend- 
ments, Art. XLVIII, The Initiative, II, sect. 2.] 

Art. XIII. In criminal prosecutions, the verification of facts in the 
vicinity where they happen, is one of the greatest securities of the life, 
liberty, and property of the citizen. 

Art. XIV. Every subject has a right to be secure from all unrea- 
sonable searches, and seizures, of his person, his houses, his papers, and 
all his possessions. All warrants, therefore, are contrary to this right, if 
the cause or foundation of them be not previously supported by oath or 
affirmation; and if the order in the warrant to a civil officer, to make 
search in suspected places, or to arrest one or more suspected persons, or 
to seize their property, be not accompanied with a special designation of 
the persons or objects of search, arrest, or seizure: and no warrant ought 
to be issued but in cases, and with the formalities prescribed by the laws. 
[See Amendments, Art. XLVIII, The Initiative, II, sect. 2.] 

Art. XV. In all controversies concerning property, and in all suits 
between two or more persons, except in cases in which it has heretofore 
been otherways used and practiced, the parties have a right to a trial by 
jury; and this method of procedure shall be held sacred, unless, in causes 
arising on the high seas, and such as relate to mariners' wages, the 
legislature shall hereafter find it necessary to alter it. [See Amendments, 
Art. XLVIII, The Initiative, II, sect. 2.] 

Art. XVI. [The liberty of the press is essential to the security of 
freedom in a state: it ought not, therefore, to be restrained in this 
Commonwealth.] [See Amendments, Art. XLVIII, The Initiative, II, 
sect. 2.] [Annulled and superseded by Amendments, Art. LXXVII.] 

Art. XVII. The people have a right to keep and to bear arms for the 
common defense. And as, in time of peace, armies are dangerous to 
liberty, they ought not to be maintained without the consent of the 
legislature; and the military power shall always be held in an exact 
subordination to the civil authority, and be governed by it. 



Constitution of Massachusetts. 



59 



Art. XVIII. A frequent recurrence to the fundamental principles of 
the constitution, and a constant adherence to those of piety, justice, 
moderation, temperance, industry, and frugality, are absolutely necessary 
to preserve the advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular attention to all those 
principles, in the choice of their officers and representatives; and they 
have a right to require of their lawgivers and magistrates an exact and 
constant observance of them, in the formation and execution of the laws 
necessary for the good administration of the Commonwealth. 

Art. XIX. The people have a right, in an orderly and peaceable 
manner, to assemble to consult upon the common good: give instructions 
to their representatives, and to request of the legislative body, by the way 
of addresses, petitions, or remonstrances, redress of the wrongs done 
them, and of the grievances they suffer. [See Amendments, Art. XLVIII, 
The Initiative, II, sect. 2.] 

Art. XX. The power of suspending the laws, or the execution of the 
laws, ought never to be exercised but by the legislature, or by authority 
derived from it, to be exercised in such particular cases only as the 
legislature shall expressly provide for. [See Amendments, Arts. XLVIII, 
I. Definition and LXXXIX.] 

Art. XXI. The freedom of deliberation, speech and debate in either 
house of the legislature, is so essential to the rights of the people, that it 
cannot be the foundation of any accusation or prosecution, action or 
complaint, in any other court or place whatsoever. [See Amendments, 
Art. XLVIII, The Initiative, II, sect. 2.] 

Art. XXII. The legislature ought frequently to assemble for the 
redress of grievances, for correcting, strengthening and confirming the 
laws, and for making new laws, as the common good may require. 

Art. XXIII. No subsidy, charge, tax, impost, or duties, ought to be 
established, fixed, laid, or levied, under any pretext whatsoever, without 
the consent of the people or their representatives in the legislature. 

Art. XXIV. Laws made to punish for actions done before the 
existence of such laws, and which have not been declared crimes by 
preceding laws, are unjust, oppressive, and inconsistent with the 
fundamental principles of a free government. 



60 



Constitution of Massachusetts. 



Art. XXV. No subject ought, in any case, or in any time, to be 
declared guilty of treason or felony by the legislature. 

Art. XXVI. No magistrate or court of law, shall demand excessive 
bail or sureties, impose excessive fines, or inflict cruel or unusual 
punishments. [See Amendments, Art. XLVIII, The Initiative, II, sect. 2, 
and CXVI.] 

Art. XXVII. In time of peace, no soldier ought to be quartered in any 
house without the consent of the owner; and in time of war, such quarters 
ought not to be made but by the civil magistrate, in a manner ordained by 
the legislature. 

Art. XXVIII. No person can in any case be subjected to law-martial, 
or to any penalties or pains, by virtue of that law, except those employed 
in the army or navy, and except the militia in actual service, but by 
authority of the legislature. [See Amendments, Art. XLVIII, The 
Initiative, II, sect. 2.] 

Art. XXIX. It is essential to the preservation of the rights of every 
individual, his life, liberty, property and character, that there be an 
impartial interpretation of the laws, and administration of justice. It is the 
right of every citizen to be tried by judges as free, impartial and 
independent as the lot of humanity will admit. It is, therefore, not only 
the best policy, but for the security of the rights of the people, and of 
every citizen, that the judges of the supreme judicial court should hold 
their offices as long as they behave themselves well; and that they should 
have honorable salaries ascertained and established by standing laws. 
[See Amendments, Art. XLVIII, The Initiative, II, sect. 2, and The 
Referendum, III, sect. 2, LXVIII and XCVIII.] 

Art. XXX. In the government of this Commonwealth, the legislative 
department shall never exercise the executive and judicial powers, or 
either of them: the executive shall never exercise the legislative and 
judicial powers, or either of them: the judicial shall never exercise the 
legislative and executive powers, or either of them: to the end it may be a 
government of laws and not of men. 



Constitution of Massachusetts. 



61 



PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the Province of 
Massachusetts Bay, do hereby solemnly and mutually agree with each 
other, to form themselves into a free, sovereign, and independent 
body politic, or state, by the name of The Commonwealth of 
Massachusetts. 



Chapter I. 
THE LEGISLATIVE POWER. 
Section I. 
The General Court. 

Article I. The department of legislation shall be formed by two 
branches, a Senate and House of Representatives: each of which shall 
have a negative on the other. 

The legislative body shall assemble every year [on the last 
Wednesday in May, and at such other times as they shall judge 
necessary; and shall dissolve and be dissolved on the day next preceding 
the said last Wednesday in May;] and shall be stiled. The General 
Court of Massachusetts. [See Amendments, Arts. X, LXXII and 
LXXV.] 

Art. II. No bill or resolve of the senate or house of representatives 
shall become a law, and have force as such, until it shall have been laid 
before the governor for his revisal; and if he, upon such revision, 
approve thereof he shall signify his approbation by signing the same. But 
if he have any objection to the passing of such bill or resolve, he shall 
return the same, together with his objections thereto, in writing, to the 
senate or house of representatives, in whichsoever the same shall have 
originated: who shall enter the objections sent down by the governor, at 
large, on their records, and proceed to reconsider the said bill or resolve. 
But if after such reconsideration, two thirds of the said senate or house of 
representatives, shall, notwithstanding the said objections, agree to pass 
the same, it shall, together with the objections, be sent to the other 



62 



Constitution of Massachusetts. 



branch of the legislature, where it shall also be reconsidered, and if 
approved by two thirds of the members present, shall have the force of a 
law: but in all such cases, the votes of both houses shall be determined 
by yeas and nays; and the names of the persons voting for, or against, the 
said bill or resolve, shall be entered upon the public records of the 
Commonwealth. 

[And in order to prevent unnecessary delays, if any bill or resolve 
shall not be returned by the governor within five days after it shall have 
been presented, the same shall have the force of a law.] [See 
Amendments, Arts. I, XLVIII, LIV, LXIII, sect. 5 and XC, sect. 1.] 

Art. III. The general court shall forever have full power and authority 
to erect and constitute judicatories and courts of record, or other courts, 
to be held in the name of the Commonwealth, for the hearing, trying, and 
determining of all manner of crimes, offenses, pleas, processes, plaints, 
actions, matters, causes and things, whatsoever, arising or happening 
within the Commonwealth, or between or concerning persons inhabiting, 
or residing, or brought within the same, whether the same be criminal or 
civil, or whether the said crimes be capital or not capital, and whether 
the said pleas be real, personal, or mixed; and for the awarding and 
making out of execution thereupon. To which courts and judicatories are 
hereby given and granted ftiU power and authority, from time to time, to 
administer oaths or affirmations, for the better discovery of truth in any 
matter in controversy or depending before them. [See Amendments, Art. 
XLVIII, The Initiative, II, sect. 2, and The Referendum, III, sect. 2.] 

Art. IV. And further, full power and authority are hereby given and 
granted to the said general court, from time to time, to make, ordain, and 
establish, all manner of wholesome and reasonable orders, laws, statutes, 
and ordinances, directions and instructions, either with penalties or 
without; so as the same be not repugnant or contrary to this constitution, 
as they shall judge to be for the good and welfare of this Commonwealth, 
and for the government and ordering thereof, and of the subjects of the 
same, and for the necessary support and defense of the government 
thereof; and to name and settle annually, or provide by fixed laws, for 
the naming and settling all civil officers within the said Commonwealth; 
the election and constitution of whom are not hereafter in this form of 
government otherwise provided for; and to set forth the several duties, 
powers and limits, of the several civil and military officers of this 
Commonwealth, and the forms of such oaths or affirmations as shall be 
respectively administered unto them for the execution of their several 
offices and places, so as the same be not repugnant or contrary to this 
constitution; and to impose and levy proportional and reasonable 



Constitution of Massachusetts. 63 



assessments, rates and taxes, upon all the inhabitants of, and persons 
resident, and estates lying, within the said Commonwealth; and also to 
impose and levy, reasonable duties and excises, upon any produce, 
goods, wares, merchandise, and commodities, whatsoever, brought into, 
produced, manufactured, or being within the same; to be issued and 
disposed of by warrant, under the hand of the governor of this 
Commonwealth for the time being, with the advice and consent of the 
council, for the public service, in the necessary defense and support of 
the government of the said Commonwealth, and the protection and 
preservation of the subjects thereof, according to such acts as are or shall 
be in force within the same. 

And while the public charges of government, or any part thereof, shall 
be assessed on polls and estates, in the manner that has hitherto been 
practiced, in order that such assessments may be made with equality, 
there shall be a valuation of estates within the Commonwealth taken 
anew once in every ten years at least, and as much oftener as the general 
court shall order. [See Amendments, Arts. XLI, XLIV, XCIX and 
CXII.] 

[For the authority of the general court to charter cities and establish 
limited town meeting form of government, see Amendments, Arts. II 
and LXX. 

For power of the general court to establish voting precincts in towns, 
see Amendments, Art. XXIX. 

For additional taxing power given to the general court, see 
Amendments, Arts. XLI and XLIV. 

For the authority of the general court to take land, etc., for relieving 
congestion of population and providing homes for citizens, see 
Amendments, Art. XLIII. 

For the power given the general court to provide by law for absentee 
and compulsory voting, see Amendments, Arts. XLV, LXI and LXXVI. 

For the power given the general court to determine the manner of 
providing and distributing the necessaries of life, etc., during time of 
war, public distress, etc., by the Commonwealth and the cities and towns 
therein, see Amendments, Art. LXVII. 

For provisions relative to taking the vote on emergency measures, see 
Amendments, Arts. XLVIII, The Referendum, II, and LXVII. 

For new provisions authorizing the general court to provide for the 
taking of lands for certain public uses, see Amendments, Art. XLIX. 

For provision authorizing the general court to take a recess or recesses 
amounting to not more than thirty days, see Amendments, Art. LII. 

For new provision authorizing the governor to return a bill with a 
recommendation of amendment, see Amendments, Art. LVI. 



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Constitution of Massachusetts. 



For the power of the general court to limit the use or construction of 
buildings, see Amendments, Art. LX. 

For new provisions relative to the biennial election of senators and 
representatives and their terms of office, see Amendments, Art. LXIV. 

For new provisions that no person elected to the general court shall be 
appointed to any office which was created or the emoluments of which 
were increased during the term for which he was elected, nor received 
additional salary or compensation for service upon recess committees or 
commissions, see Amendments, Art. LXV. 

For the power given the general court to prescribe the terms and 
conditions upon which a pardon may be granted in the case of a felony, 
see Amendments, Art. LXXIIL] 



Chapter I. 
Section II. 
Senate. 

Article I. [There shall be annually elected, by the freeholders and 
other inhabitants of this Commonwealth, qualified as in this constitution 
is provided, forty persons to be councillors and senators for the year 
ensuing their election; to be chosen by the inhabitants of the districts into 
which the Commonwealth may from time to time be divided by the 
general court for that purpose: and the general court in assigning the 
numbers to be elected by the respective districts, shall govern themselves 
by the proportion of the public taxes paid by the said districts; and timely 
make known to the inhabitants of the Commonwealth the limits of each 
district, and the number of councillors and senators to be chosen therein; 
provided that the number of such districts shall never be less than 
thirteen; and that no district be so large as to entitle the same to choose 
more than six senators. [See Amendments, Arts. XIII, XVI, XXII, LXIV, 
LXXI, XCII, CI and CIX.] 

And the several counties in this Commonwealth shall, until the 
general court shall determine it necessary to alter the said districts, be 
districts for the choice of councillors and senators, (except that the 
counties of Dukes County and Nantucket shall forni one district for that 
purpose) and shall elect the following number for councillors and 
senators, viz.: - Suffolk, six; Essex, six; Middlesex, five; Hampshire, 
four; Plymouth, three; Barnstable, one; Bristol, three; York, two; Dukes 



Constitution of Massachusetts. 



65 



County and Nantucket, one; Worcester, five; Cumberland, one; Lincoln, 
one; Berkshire, two.] 

Art. II. The senate shall be the first branch of the legislature; and the 
senators shall be chosen in the following manner, viz.: there shall be a 
meeting on the [first Monday in April,] [annually], forever, of the 
inhabitants of each town in the several counties of this Commonwealth; 
to be called by the selectmen, and warned in due course of law, at least 
seven days before the [first Monday in April,] for the purpose of electing 
persons to be senators and councillors; [and at such meetings every male 
inhabitant of twenty-one years of age and upwards, having a freehold 
estate within the Commonwealth, of the annual income of three pounds, 
or any estate of the value of sixty pounds, shall have a right to give in his 
vote for the senators for the district of which he is an inhabitant.] And to 
remove all doubts concerning the meaning of the word "inhabitant" in 
this constitution, every person shall be considered as an inhabitant, for 
the purpose of electing and being elected into any office, or place within 
this state, in that town, district or plantation, where he dwelleth, or hath 
his home. [See Amendments, Arts. II, III, X, XV, XX, XXII, XXIII, 
XXVI, XXVIII, XXX, XXXI, XXXII, XLV, LXIV, LXXI, LXXVI, 
LXXX, XCII, XCIII, XCIV, XVC, C, CI and CIX.] 

The selectmen of the several towns shall preside at such meetings 
impartially; and shall receive the votes of all the inhabitants of such 
towns present and qualified to vote for senators, and shall sort and count 
them in open town meeting, and in presence of the town clerk, who shall 
make a fair record, in presence of the selectmen, and in open town 
meeting, of the name of every person voted for, and of the number of 
votes against his name: and a fair copy of this record shall be attested by 
the selectmen and the town clerk, and shall be sealed up, directed to the 
secretary of the Commonwealth for the time being, with a superscription, 
expressing the purport of the contents thereof, and delivered by the town 
clerk of such towns, to the sheriff of the county in which such town lies, 
thirty days at least before [the last Wednesday in May] [annually]; or it 
shall be delivered into the secretary's office seventeen days at least 
before the said [last Wednesday in May]; and the sheriff of each county 
shall deliver all such certificates by him received, into the secretary's 
office, seventeen days before the said [last Wednesday in May]. [See 
Amendments, Arts. II and X.] 

And the inhabitants of plantations unincorporated, qualified as this 
constitution provides, who are or shall be empowered and required to 
assess taxes upon themselves toward the support of government, shall 
have the same privilege of voting for councillors and senators in 
the plantations where they reside, as town inhabitants have in their 



66 



Constitution of Massachusetts. 



respective towns; [and the plantation meetings for that purpose shall be 
held annually on the same first Monday in April], at such place in the 
plantations respectively, as the assessors thereof shall direct; which 
assessors shall have like authority for notifying the electors, collecting 
and returning the votes, as the selectmen and town clerks have in their 
several towns, by this constitution. And all other persons living in places 
unincorporated (qualified as aforesaid) who shall be assessed to the 
support of government by the assessors of an adjacent town, shall have 
the privilege of giving in their votes for councillors and senators in the 
town where they shall be assessed, and be notified of the place of 
meeting by the selectmen of the town where they shall be assessed, for 
that purpose accordingly. [See Amendments, Arts. XV and LXIV.] 

Art. III. And that there may be a due convention of senators on the 
[last Wednesday in May] [annually,] the governor with five of the 
council, for the time being, shall, as soon as may be, examine the return 
copies of such records; and fourteen days before the said day he shall 
issue his summons to such persons as shall appear to be chosen by [a 
majority of] voters, to attend on that day, and take their seats 
accordingly: provided nevertheless, that for the first year the said return 
copies shall be examined by the president and five of the council of the 
former constitution of government; and the said president shall, in like 
manner, issue his summons to the persons so elected, that they may take 
their seats as aforesaid. [See Amendments, Arts. X, XIV, LXIV, LXXII 
and LXXV.] 

Art. IV. The senate shall be the final judge of the elections, returns 
and qualifications of their own members, as pointed out in the 
constitution; and shall, [on the said last Wednesday in May] [annually,] 
determine and declare who are elected by each district to be senators [by 
a majority of votes: and in case there shall not appear to be the full 
number of senators returned elected by a majority of votes for any 
district, the deficiency shall be supplied in the following manner, viz.: 
The members of the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons as shall be 
found to have the highest number of votes in such district, and not 
elected, amounting to twice the number of senators wanting, if there be 
so many voted for; and out of these shall elect by ballot a number of 
senators sufficient to fill up the vacancies in such district; and in this 
manner all such vacancies shall be filled up in every district of the 
Commonwealth; and in like manner all vacancies in the senate, arising 
by death, removal out of the state, or otherwise, shall be supplied as soon 
as may be, after such vacancies shall happen.] [See Amendments, Arts. 
X, XIV and XXIV.] 



Constitution of Massachusetts. 



67 



Art. V. Provided nevertheless, that no person shall be capable of 
being elected as a senator, [who is not seized in his own right of a 
freehold within this Commonwealth, of the value of three hundred 
pounds at least, or possessed of personal estate to the value of six 
hundred pounds at least, or of both to the amount of the same sum, and] 
who has not been an inhabitant of this Commonwealth for the space of 
five years immediately preceding his election, and at the time of his 
election, he shall be an inhabitant in the district for which he shall be 
chosen. [See Amendments, Arts. XIII, XXII, LXXI, XCII, CI and CIX.] 

Art. VI. The senate shall have power to adjourn themselves, provided 
such adjournments do not exceed two days at a time. [See Amendments, 
Arts. Lll andCII.] 

Art. VII. The senate shall choose its own president, appoint its own 
officers, and determine its own rules of proceedings. 

Art. VIII. The senate shall be a court with full authority to hear and 
determine all impeachments made by the house of representatives, 
against any officer or officers of the Commonwealth, for misconduct and 
maladministration in their offices. But previous to the trial of every 
impeachment the members of the senate shall respectively be sworn, 
truly and impartially to try and determine the charge in question, 
according to evidence. Their judgment, however shall not extend further 
than to removal from office and disqualification to hold or enjoy any 
place of honor, trust, or profit, under this Commonwealth: but the party 
so convicted, shall be, nevertheless, liable to indictment, trial, judgment, 
and punishment, according to the laws of the land. 

Art. IX. [Not less than sixteen members of the senate shall constitute a 
quorum for doing business.] [See Amendments, Arts. XXII and XXXIII.] 



Chapter I. 

Section III. 

House of Representatives. 

Article I. There shall be, in the legislature of this Commonwealth, a 
representation of the people, [annually] elected, and founded upon the 
principle of equality. [See Amendments, Art. LXIV.] 



68 Constitution of Massachusetts. 



Art. II. [And in order to provide for a representation of the citizens of 
this Commonwealth, founded upon the principle of equality, every 
corporate town containing one hundred and fifty ratable polls, may elect 
one representative; every corporate town, containing three hundred and 
seventy-five ratable polls, may elect two representatives; every corporate 
town containing six hundred ratable polls may elect three 
representatives; and proceeding in that manner, making two hundred and 
twenty-five ratable polls, the mean increasing number for every 
additional representative. [See Amendments, Arts. XII, XIII, XXI, 
LXXI, XCII, CI and CIX.] 

Provided nevertheless, that each town now incorporated, not having 
one hundred and fifty ratable polls, may elect one representative: but no 
place shall hereafter be incorporated with the privilege of electing a 
representative, unless there are within the same one hundred and fifty 
ratable polls.] 

And the house of representatives shall have power from time to time 
to impose fines upon such towns as shall neglect to choose and return 
members to the same, agreeably to this constitution. 

[The expenses of travelling to the general assembly, and returning 
home, once in every session, and no more, shall be paid by the 
government, out of the public treasury, to every member who shall attend 
as seasonably as he can, in the judgment of the house, and does not 
depart without leave.] [See Amendments, Art. XXXV.] 

Art. III. Every member of the house of representatives shall be chosen 
by written vote; [and for one year at least next preceding his election, 
shall have been an inhabitant of, and have been seized in his own right of 
a freehold of the value of one hundred pounds within the town he shall 
be chosen to represent, or any ratable estate to the value of two hundred 
pounds; and he shall cease to represent the said town immediately on his 
ceasing to be qualified as aforesaid.] [See Amendments, Arts. XIII, XXI, 
LXXI, XCII, CI and CIX.] 

Art. IV. [Every male person, being twenty-one years of age, and 
resident in any particular town in this Commonwealth for the space of 
one year next preceding, having a freehold estate within the same town 
of the annual income of three pounds, or any estate of the value of sixty 
pounds, shall have a right to vote in the choice of a representative, or 
representatives for the said town.] [See Amendments, Arts. Ill, XX, 
XXIII, XXVI, XXVIII, XXX, XXXI, XXXII, XLV, LXXVI, XCIII, 
XCIV, XCV and C] 



Constitution of Massachusetts. 



69 



Art. V. [The members of the house of representatives shall be chosen 
annually in the month of May, ten days at least before the last 
Wednesday of that month.] [See Amendments, Arts. X, XV and LXIV.] 

Art. VI. The house of representatives shall be the grand inquest of 
this Commonwealth; and all impeachments made by them shall be heard 
and tried by the senate. 

Art. VII. All money bills shall originate in the house of 
representatives; but the senate may propose or concur with amendments, 
as on other bills. 

Art. VIII. The house of representatives shall have power to adjourn 
themselves; provided such adjournment shall not exceed two days at a 
time. [See Amendments, Arts. Lll and CII ] 

Art IX. [Not less than sixty members of the house of representatives, 
shall constitute a quorum for doing business.] [Sec Amendments, Arts. 
XXI and XXXIII.] 

Art. X. The house of representatives shall be the judge of the returns, 
elections, and qualifications of its own members, as pointed out in the 
constitution; shall choose their own speaker; appoint their own officers, 
and settle the rules and orders of proceeding in their own house. They 
shall have authority to punish by imprisonment, every person, not a 
member, who shall be guilty of disrespect to the house, by any 
disorderly, or contemptuous behavior in its presence; or who, in the town 
where the general court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, for any thing 
said or done in the house; or who shall assault any of them therefor; or 
who shall assault, or arrest, any witness, or other person, ordered to 
attend the house, in his way in going or returning; or who shall rescue 
any person arrested by the order of the house. 

And no member of the house of representatives shall be arrested, or 
held to bail on mesne process, during his going unto, returning from, or 
his attending the general assembly. 

Art. XI. The senate shall have the same powers in the like cases; and 
the governor and council shall have the same authority to punish in like 
cases. Provided that no imprisonment on the warrant or order of the 
governor, council, senate, or house of representatives, for either of the 
above described offenses, be for a term exceeding thirty days. 



70 



Constitution of Massachusetts. 



And the senate and house of representatives may try and determine all 
cases where their rights and privileges are concerned, and which, by the 
constitution, they have authority to try and determine, by committees of 
their own members, or in such other way as they may respectively think 
best. 



Chapter II. 
EXECUTIVE POWER. 
Section I. 
Governor. 

Article I. There shall be a supreme executive magistrate, who shall 
be styled - The Governor of the Commonwealth of Massachusetts; 
and whose title shall be - His Excellency. 

Art. II. The governor shall be chosen [annually]: and no person shall 
be eligible to this office, unless at the time of his election, he shall have 
been an inhabitant of this Commonwealth for seven years next 
preceding; [and unless he shall at the same time, be seized, in his own 
right, of a freehold within the Commonwealth of the value of one 
thousand pounds; and unless he shall declare himself to be of the 
Christian religion.] [See Amendments, Arts. VII, XXXIV, LXIV and 
LXXX.] 

Art. III. Those persons who shall be qualified to vote for senators and 
representatives within the several towns of this Commonwealth shall, at 
a meeting to be called for that purpose, on the [first Monday of April an- 
nually], give in their votes for a governor, to the selectmen, who shall 
preside at such meetings; and the town clerk, in the presence and with 
the assistance of the selectmen, shall, in open town meeting, sort and 
count the votes, and form a list of the persons voted for, with the number 
of votes for each person against his name; and shall make a fair record of 
the same in the town books, and a public declaration thereof in the said 
meeting; and shall, in the presence of the inhabitants, seal up copies of 
the said list, attested by him and the selectmen, and transmit the same to 
the sheriff of the county, thirty days at least before the [last Wednesday 
in May]; and the sheriff shall transmit the same to the secretary's office, 
seventeen days at least before the said [last Wednesday in May]; or the 



Constitution of Massachusetts. 



71 



selectmen may cause returns of the same to be made to the office of the 
secretary of the Commonwealth, seventeen days at least before the said 
day; and the secretary shall lay the same before the senate and the house 
of representatives, on the [last Wednesday in May], to be by them 
examined: and in case of an election by a [majority] of all the votes 
returned, the choice shall be by them declared and published. But if no 
person shall have a [majority] of votes, the house of representatives 
shall, by ballot, elect two out of four persons who had the highest 
number of votes, if so many shall have been voted for; but, if otherwise, 
out of the number voted for; and make return to the senate of the two 
persons so elected; on which the senate shall proceed, by ballot, to elect 
one, who shall be declared governor. [See Amendments, Arts. II, X, 
XIV, XV, XLV, LXIV, LXXVI and LXXX.] 

Art IV. The governor shall have authority from time to time, at his 
discretion, to assemble and call together the councillors of this Common- 
wealth for the time being; and the governor with the said councillors, or 
five of them at least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the Commonwealth, 
agreeably to the constitution and the laws of the land. 

Art. V. The governor, with advice of council, shall have full power 
and authority, during the session of the general court to adjourn or 
prorogue the same to any time the two houses shall desire; [and to 
dissolve the same on the day next preceding the last Wednesday in May;] 
and, in the recess of the said court, to prorogue the same from time to 
time, not exceeding ninety days in any one recess; and to call it together 
sooner than the time to which it may be adjourned or prorogued, if the 
welfare of the Commonwealth shall require the same: and in case of any 
infectious distemper prevailing in the place where the said court is next 
at any time to convene, or any other cause happening whereby danger 
may arise to the health or lives of the members from their attendance, he 
may direct the session to be held at some other the most convenient place 
within the state. 

[And the governor shall dissolve the said general court on the day 
next preceding the last Wednesday in May.] [See Amendments, Arts. X, 
LXXII and LXXV.] 

Art. VL In cases of disagreement between the two houses, with 
regard to the necessity, expediency or time of adjournment, or proro- 
gation, the governor, with advice of the council, shall have a right to 
adjourn or prorogue the general court, not exceeding ninety days, as he 
shall determine the public good shall require. 



72 



Constitution of Massachusetts. 



Art. VII. [The governor of this Commonwealth for the time being, 
shall be the commander-in-chief of the army and navy, and of all the 
military forces of the state, by sea and land; and shall have full power by 
himself, or by any commander, or other officer or officers, from time to 
time, to train, instruct, exercise and govern the militia and navy; and for 
the special defense and safety of the Commonwealth, to assemble in 
martial array, and put in warlike posture, the inhabitants thereof, and to 
lead and conduct them, and with them, to encounter, repel, resist, expel 
and pursue, by force of arms, as well as by sea as by land, within or 
without the limits of this Commonwealth, and also to kill, slay, and 
destroy, if necessary, and conquer, by all fitting ways, enterprises, and 
means whatsoever, all and every such person and persons as shall, at any 
time hereafter, in a hostile manner, attempt or enterprise the destruction, 
invasion, detriment, or annoyance of this Commonwealth; and to use and 
exercise, over the army and navy, and over the militia in actual service, 
the law martial, in time of war or invasion, and also in time of rebellion, 
declared by the legislature to exist, as occasion shall necessarily require; 
and to take and surprise by all ways and means whatsoever, all and every 
such person or persons, with their ships, arms, ammunition and other 
goods, as shall, in a hostile manner, invade, or attempt the invading, 
conquering, or annoying this Commonwealth; and the governor be 
intrusted with all these and other powers, incident to the offices of 
captain-general and commander-in-chief, and admiral, to be exercised 
agreeably to the rules and regulations of the constitution, and the laws of 
the land, and not otherwise. 

Provided, that the said governor shall not, at any time hereafter, by 
virtue of any power by this constitution granted, or hereafter to be 
granted to him by the legislature, transport any of the inhabitants of this 
Commonwealth, or oblige them to march out of the limits of the same, 
without their free and voluntary consent, or the consent of the general 
court; except so far as may be necessary to march or transport them by 
land or water, for the defense of such part of the state to which they 
cannot otherwise conveniently have access.] [Annulled and superseded 
by Amendments, Art. LIV.] 

Art. VIII. [The power of pardoning offenses, except such as persons 
may be convicted of before the senate by an impeachment of the house, 
shall be in the governor, by and with the advice of council: but no charter 
of pardon, granted by the governor, with advice of the council before 
conviction, shall avail the party pleading the same, notwithstanding any 
general or particular expressions contained therein, descriptive of the 
offence or offenses intended to be pardoned.] [Annulled and superseded 
by Amendments, Art. LXXIII.] 



Constitution of Massachusetts. 



73 



Art. IX. All judicial officers, [the attorney-general,] the solicitor- 
general, [all sheriffs,] coroners, [and registers of probate,] shall be 
nominated and appointed by the governor, by and with the advice and 
consent of the council; and every such nomination shall be made by the 
governor, and made at least seven days prior to such appointment. [See 
Amendments, Arts. XVII, XLVIII, The Initiative, II, sect. 2, The 
Referendum, III. sect. 2, and LXIV.] [For provision as to election of 
sheriffs, registers of probate, etc., see Amendments, Art. XIX.] [For 
provision as to appointment of notaries public, see Amendments, Arts. IV, 
LVII and LXIX, sect. 2.] 

Art. X. [The captains and subalterns of the militia shall be elected by 
the written votes of the train-band and alarm list of their respective 
companies, of twenty-one years of age and upwards: the field officers of 
regiments shall be elected by the written votes of the captains and 
subalterns of their respective regiments: the brigadiers shall be elected in 
like manner, by the field officers of their respective brigades: and such 
officers, so elected, shall be commissioned by the governor, who shall 
determine their rank. [See Amendments, Art. V.] 

The legislature shall, by standing laws, direct the time and manner of 
convening the electors, and of collecting votes, and of certifying to the 
governor, the officers elected. 

The major-generals shall be appointed by the senate and house of repre- 
sentatives, each having a negative upon the other; and be commissioned by 
the governor. [See Amendments, Art. IV.] 

And if the electors of brigadiers, field officers, captains or subalterns, 
shall neglect or refuse to make such elections, after being duly notified, 
according to the laws for the time being, then the governor, with advice 
of council shall appoint suitable persons to fill such offices. 

And no officer, duly commissioned to command in the militia, shall 
be removed from his office, but by the address of both houses to the 
governor, or by fair trial in court-martial pursuant to the laws of the 
Commonwealth for the time being. [See Amendments, Art. IV.] 

The commanding officers of regiments shall appoint their adjutants 
and quartermasters; the brigadiers their brigade-majors; and the major- 
generals their aids; and the governor shall appoint the adjutant-general. 

The governor, with advice of council, shall appoint all officers of the 
continental army, whom by the confederation of the United States it is 
provided that this Commonwealth shall appoint, as also all officers of 
forts and garrisons. 

The divisions of the militia into brigades, regiments and companies, 
made in pursuance of the militia laws now in force, shall be considered 
as the proper divisions of the militia of this Commonwealth, until the 



74 



Constitution of Massachusetts. 



same shall be altered in pursuance of some future law.] [Annulled and 
superseded by Amendments, Art. LIII.] 

Art. XI. No moneys shall be issued out of the treasury of this 
Commonwealth, and disposed of (except such sums as may be appro- 
priated for the redemption of bills of credit or treasurer's notes, or for the 
payment of interest arising thereon) but by warrant under the hand of the 
governor for the time being, with the advice and consent of the council, 
for the necessary defense and support of the Commonwealth; and for the 
protection and preservation of the inhabitants thereof, agreeably to the 
acts and resolves of the general court. [See Amendments, Art. XLVIII, 
The Initiative, II, sect. 2, and The Referendum, III, sect. 2.] 

Art. XII. All public boards, [the commissary-general,] all super- 
intending officers of public magazines and stores, belonging to this 
Commonwealth, and all commanding officers of forts and garrisons 
within the same, shall once in every three months, officially, and without 
requisition, and at other times, when required by the governor, deliver to 
him an account of all goods, stores, provisions, ammunition, cannon with 
their appendages, and small arms with their accoutrements, and all other 
public property whatever under their care respectively; distinguishing the 
quantity, number, quality and kind of each, as particularly as may be; 
together with the condition of such forts and garrisons; and the said 
commanding officer shall exhibit to the governor, when required by him, 
true and exact plans of such forts, and of the land and sea or harbor or 
harbors adjacent. 

And the said boards, and all public officers, shall communicate to the 
governor, as soon as may be after receiving the same, all letters, 
dispatches, and intelligences of a public nature, which shall be directed 
to them respectively. [See Amendments, Art. LIII.] 

Art. XIII. As the public good requires that the governor should not be 
under the undue influence of any of the members of the general court by 
a dependence on them for his support, that he should in all cases, act 
with freedom for the benefit of the public, that he should not have his 
attention necessarily diverted from that object to his private concerns, 
and that he should maintain the dignity of the Commonwealth in the 
character of its chief magistrate, it is necessary that he should have an 
honorable stated salary, of a fixed and permanent value, amply sufficient 
for those purposes, and established by standing laws: and it shall be 
among the first acts of the general court, after the commencement of this 
constitution, to establish such salary by law accordingly. 



Constitution of Massachusetts. 



75 



Permanent and honorable salaries shall also be established by law for 
the justices of the supreme judicial court. 

And if it shall be found that any of the salaries aforesaid, so 
established, are insufficient, they shall, from time to time be enlarged as 
the general court shall judge proper. [See Amendments, Art. XLVIII, 
The Initiative, sect. 2, The Referendum, III, sect. 2.] 



CHAPTER II. 

Section II. 

Lieutenant-Governor. 

Article I. There shall be [annually] elected a lieutenant-governor of 
the Commonwealth of Massachusetts, whose title shall be - His Honor; 
and who shall be qualified, in point of [religion, property,] and residence 
in the Commonwealth, in the same manner with the governor, and the 
day and manner of his election, and the qualifications of the electors, 
shall be the same as are required in the election of a governor. The return 
of the votes for this officer, and the declaration of his election, shall 
be in the same manner: and if no one person shall be found to have 
[a majority] of all the votes returned, the vacancy shall be filled by the 
senate and house of representatives, in the same manner as the governor 
is to be elected, in case no one person shall have [a majority] of the votes 
of the people to be governor. [See Amendments, Arts. VII, XIV, 
XXXIV, LXIV and LXXX.] 

Art. II. The governor, and in his absence the lieutenant-governor, 
shall be president of the council, but shall have no vote in council: and 
the lieutenant-governor shall always be a member of the council except 
when the chair of the governor shall be vacant. 

Art. III. Whenever the chair of the governor shall be vacant, by 
reason of his death, or absence from the Commonwealth, or otherwise, 
the lieutenant-governor, for the time being, shall, during such vacancy, 
perform all the duties incumbent upon the governor, and shall have and 
exercise all the powers and authorities, which by this constitution the 
governor is vested with, when personally present. [See Amendments, 
Art. LV.] 



76 Constitution of Massachusetts. 



Chapter II. 
Section III. 

Council, and the Manner of Settling Elections by the Legislature. 

Article I. There shall be a council for advising the governor in the 
executive part of government, to consist of [nine] persons besides the 
lieutenant-governor, whom the governor, for the time being, shall have 
full power and authority, from time to time, at his discretion, to assemble 
and call together. And the governor, with the said councillors, or five of 
them at least, shall and may, from time to time, hold and keep a council, 
for the ordering and directing the affairs of the Commonwealth, 
according to the laws of the land. [See Amendments, Art. XVI.] 

Art. II. [Nine councillors shall be annually chosen from among the 
persons returned for councillors and senators, on the last Wednesday in 
May, by the joint ballot of the senators and representatives assembled 
in one room: and in case there shall not be found upon the first choice, 
the whole number of nine persons who will accept a seat in the council, 
the deficiency shall be made up by the electors aforesaid from among the 
people at large; and the number of senators left shall constitute the senate 
for the year. The seats of the persons thus elected from the senate, and 
accepting the trust, shall be vacated in the senate.] [See Amendments, 
Arts. X, XIII, XXV and LXIV.] [Superseded by Amendments, Art. XVI.] 

Art. III. The councillors, in the civil arrangements of the Common- 
wealth, shall have rank next after the lieutenant-governor. 

Art. IV. [Not more than two councillors shall be chosen out of any one 
district of this Commonwealth.] [Superseded by Amendments, Art. XVI.] 

Art. V, The resolutions and advice of the council shall be recorded in 
a register, and signed by the members present; and this record may be 
called for at any time by either house of the legislature; and any member 
of the council may insert his opinion, contrary to the resolution of the 
majority. 

Art. VI. [Whenever the office of the governor and lieutenant- 
governor shall be vacant, by reason of death, absence, or otherwise, then 
the council, or the major part of them, shall, during such vacancy have 
full power and authority to do, and execute, all and every such acts, 
matters and things, as the governor or the lieutenant-governor might or 



Constitution of Massachusetts. 



11 



could, by virtue of this constitution, do or execute, if they, or either of 
them, were personally present.] [Annulled and superseded by Amend- 
ments, Art. LV.] 

Art. VII. [And whereas the elections appointed to be made by this 
constitution, on the last Wednesday in May annually, by the two houses 
of the legislature, may not be completed on that day, the said elections 
may be adjourned from day to day until the same shall be completed. 
And the order of elections shall be as follows: the vacancies in the 
senate, if any, shall first be filled up; the governor and lieutenant- 
governor shall then be elected, provided there should be no choice of 
them by the people: and afterwards the two houses shall proceed to the 
election of the council.] [See Amendments, Art. LXIV.] [Superseded by 
Amendments, Arts. XVI and XXV.] 



Chapter II. 

Section IV. 

Secretary, Treasurer, Commissary, etc. 

Article I. [The secretary, treasurer and receiver general, and the 
commissary-general, notaries public, and naval officers, shall be chosen 
annually, by joint ballot of the senators and representatives in one room. 
And that the citizens of this Commonwealth may be assured, from time 
to time, that the moneys remaining in the public treasury, upon the 
settlement and liquidation of the public accounts, are their property, no 
man shall be eligible as treasurer and receiver general more than five 
years successively.] [See Amendments, Arts. XVII, LXIV, LXXIX, 
LXXX and LXXXII.] [For provision as to appointment of notaries public 
and the commissary-general, see Amendments, Arts. IV, LIII and LVII; 
see also Amendments, Art. LXIX.] 

Art. II. The records of the Commonwealth shall be kept in the office 
of the secretary, who may appoint his deputies, for whose conduct he 
shall be accountable, and he shall attend the governor and council, the 
senate and house of representatives, in person, or by his deputies, as they 
shall respectively require. 



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Constitution of Massachusetts. 



Chapter III. 

JUDICIARY POWER. 

Article I. The tenure, that all commissioned officers shall by law have 
in their offices, shall be expressed in their respective commissions. All 
judicial officers, duly appointed, commissioned and sworn, shall hold 
their offices during good behavior, excepting such concerning whom 
there is different provision made in this constitution: Provided 
nevertheless, the governor, with consent of the council, may remove 
them upon the address of both houses of the legislature. [For tenure, etc. 
of judges, see Amendments, Art. XLVIII, The Initiative, II, sect. 2, and 
The Referendum, III, sect. 2.] [For retirement of judicial officers, see 
Amendments, Art. LVIII.] [For removal of justices of the peace and 
notaries public, see Amendments, Art. XXXVII.] [Annulled by Amend- 
ments, Art. XCVIII.] 

Art. II. [Each branch of the legislature, as well as the governor and 
council, shall have authority to require the opinions of the justices of the 
supreme judicial court, upon important questions of law, and upon 
solemn occasions.] [Amended and superseded by Art. LXXXV.] 

Art. III. In order that the people may not suffer from the long 
continuance in place of any justice of the peace, who shall fail of 
discharging the important duties of his office with ability or fidelity, all 
commissions of justices of the peace shall expire and become void, in the 
term of seven years from their respective dates; and upon the expiration 
of any commission, the same may, if necessary, be renewed, or another 
person appointed, as shall most conduce to the well-being of the 
Commonwealth. [See Amendments, Art. XXXVII.] 

Art. IV. The judges of probate of wills, and for granting letters of 
administration, shall hold their courts at such place or places, on fixed 
days, as the convenience of the people shall require. And the legislature 
shall from time to time, hereafter appoint such times and places; until 
which appointments, the said courts shall be holden at the times and 
places which the respective judges shall direct. 

Art. V. All causes of marriage, divorce, and alimony, and all appeals 
from the judges of probate shall be heard and determined by the 
governor and council, until the legislature shall, by law, make other 
provision. 



Constitution of Massachusetts. 



79 



Chapter IV. 

DELEGATES TO CONGRESS. 

[The delegates of this Commonweahh to the congress of the United 
States, shall, some time in the month of June annually, be elected by the 
joint ballot of the senate and house of representatives, assembled together 
in one room; to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall have commissions 
under the hand of the governor, and the great seal of the Commonwealth; 
but may be recalled at any time within the year, and others chosen and 
commissioned, in the same manner, in their stead.] [Annulled by the 
adoption of the Constitution of the United States, July 26, 1788.] 



Chapter V. 

THE UNIVERSITY AT CAMBRIDGE, AND 
ENCOURAGEMENT OF LITERATURE, ETC. 

Section I. 

The University. 

Article I. Whereas our wise and pious ancestors, so early as the year 
one thousand six hundred and thirty-six, laid the foundation of Harvard 
College, in which university many persons of great eminence have, by 
the blessing of God, been initiated in those arts and sciences, which 
qualified them for public employments, both in church and state: and 
whereas the encouragement of arts and sciences, and all good literature, 
tends to the honor of God, the advantage of the Christian religion, and 
the great benefit of this and the other United States of America - it is 
declared, that the President and Fellows of Harvard College, in 
their corporate capacity, and their successors in that capacity, their 
officers and servants, shall have, hold, use, exercise and enjoy, all the 
powers, authorities, rights, liberties, privileges, immunities and 
franchises, which they now have, or are entitled to have, hold, use, 
exercise and enjoy: and the same are hereby ratified and confirmed unto 
them, the said president and fellows of Harvard College, and to their 
successors, and to their officers and servants, respectively, forever. 



80 Constitution of Massachusetts. 



Art. II. And whereas there have been at sundry times, by divers 
persons, gifts, grants, devises of houses, lands, tenements, goods, 
chatties, legacies and conveyances, heretofore made, either to Harvard 
College in Cambridge, in New England, or to the president and fellows 
of Harvard College, or to the said college, by some other description, 
under several charters successively: it is declared: that all the said gifts, 
grants, devises, legacies and conveyances, are hereby forever confirmed 
unto the president and fellows of Harvard College, and to their 
successors in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, devisor or devisors. 

Art. III. [And whereas, by an act of the general court of the colony of 
Massachusetts Bay, passed in the year one thousand six hundred and forty- 
two, the governor and deputy-governor, for the time being, and all the 
magistrates of that jurisdiction, were, with the president, and a number of 
the clergy in the said act described, constituted the overseers of Harvard 
College: and it being necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said governor, deputy- 
governor and magistrates: it is declared, that the governor, lieutenant- 
governor, council and senate of this Commonwealth, are, and shall be 
deemed, their successors, who with the president of Harvard College, for 
the time being, together with the ministers of the congregational churches 
in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury, and 
Dorchester, mentioned in the said act, shall be, and hereby are, vested with 
all the powers and authority belonging, or in any way appertaining to the 
overseers of Harvard College; provided, that] nothing herein shall be 
construed to prevent the legislature of this Commonwealth from making 
such alterations in the government of the said university, as shall be 
conducive to its advantage, and the interest of the republic of letters, in as 
full a manner as might have been done by the legislature of the late 
Province of the Massachusetts Bay. 



Chapter V. 

Section 11. 

The Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffused generally among 
the body of the people, being necessary for the preservation of their 
rights and liberties; and as these depend on spreading the opportunities 



Constitution of Massachusetts. 



81 



and advantages of education in the various parts of the country, and 
among the different orders of the people, it shall be the duty of 
legislatures and magistrates, in all future periods of this Commonwealth, 
to cherish the interests of literature and the sciences, and all seminaries 
of them; especially the university at Cambridge, public schools and 
grammar schools in the towns; to encourage private societies and public 
institutions, rewards and immunities, for the promotion of agriculture, 
arts, sciences, commerce, trades, manufacture, and a natural history of 
the country; to countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry and frugality, 
honesty and punctuality in their dealings; sincerity, good humor, and all 
social affections, and generous sentiments among the people. [See 
Amendments, Arts. XVlll, XLVI, XCVl and ClII.] 



Chapter VI. 

OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AN EXCLUSION FROM 
offices; PECUNIARY QUALIFICATIONS; COMMISSIONS; WRITS; 
CONFIRMATION OF LAWS; HABEAS CORPUS; THE ENACTING STYLE; 
CONTINUANCE OF OFFICERS; PROVISION FOR A FUTURE REVISAL OF THE 
CONSTITUTION, ETC. 

Article I. [Any person chosen governor, lieutenant-governor, councillor, 
senator, or representative, and accepting the trust, shall before he 
proceed to execute the duties of his place or office, make and subscribe 
the following declaration, viz.: 

"I, A. B., do declare, that I believe the Christian religion, and have a 
firm persuasion of its truth; and that I am seized and possessed, in my 
own right, of the property required by the constitution, as one quali- 
fication for the office or place to which I am elected." 

And the governor, lieutenant-governor, and councillors, shall make and 
subscribe the said declaration, in the presence of the two houses of 
assembly; and the senators and representatives, first elected under this 
constitution, before the president and five of the council of the former 
constitution, and forever afterwards before the governor and council for the 
time being.] 

And every person chosen to either of the places or offices aforesaid, as 
also any person appointed or commissioned to any judicial, executive, 
military, or other office under the government, shall, before he enters on the 
discharge of the business of his place or office, take and subscribe the 
following declaration and oaths or affirmations, viz.: 



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Constitution of Massachusetts. 



["I, A. B., do truly and sincerely acknowledge, profess, testify, and 
declare, that the Commonwealth of Massachusetts is, and of right ought 
to be, a free, sovereign and independent state; and I do swear, that I will 
bear true faith and allegiance to the said Commonwealth, and that I will 
defend that same against traitorous conspiracies and all hostile attempts 
whatsoever: and that I do renounce and abjure all allegiance, subjection, 
and obedience to the king, queen, or government of Great Britain (as the 
case may be) and every other foreign power whatsoever: and that no 
foreign prince, person, prelate, state or potentate, hath, or ought to have, 
any jurisdiction, superiority, pre-eminence, authority, dispensing or other 
power, in any matter, civil, ecclesiastical or spiritual, within this 
Commonwealth, except the authority and power which is or may be 
vested by their constituents in the congress of the United States: and I do 
further testify and declare, that no man or body of men hath or can have 
any right to absolve or discharge me from the obligation of this oath, 
declaration, or affirmation and that I do make this acknowledgment, 
profession, testimony, declaration, denial, renunciation and abjuration, 
heartily and truly, according to the common meaning and acceptation of 
the foregoing words, without any equivocation, mental evasion, or secret 
reservation whatsoever. So help me God."] 

"I, A. B., do solemnly swear and affirm, that I will faithfully and 
impartially discharge and perform all the duties incumbent on me as ; 
according to the best of my abilities and understanding, agreeably, to the 
rules and regulations of the constitution and the laws of this Common- 
wealth. So help me God." 

Provided always, that when any person chosen or appointed as 
aforesaid, shall be of the denomination of the people called Quakers, and 
shall decline taking the said oath[s], he shall make his affirmation in the 
foregoing form and subscribe the same, omitting the words ["/ do 
swear,'^ ''and abjure,'^ ""oath or,'" ''and abjuration,'"' in the first oath; and 
in the second oath, the words] "swear and,'' and [in each of them] the 
words "So help me God;" subjoining instead thereof, "This I do under 
the pains and penalties of perjury." [See Amendments, Art. VI.] 

And the said oaths or affirmations shall be taken and subscribed by 
the governor, lieutenant-governor, and councillors, before the president 
of the senate, in the presence of the two houses of assembly; and by the 
senators and representatives first elected under this constitution, before 
the president and five of the council of the former constitution; and 
forever afterwards before the governor and council for the time being: 
and by the residue of the officers aforesaid, before such persons and in 
such manner as from time to time shall be prescribed by the legislature. 
[See Amendments, Arts. VI and VII.] 



Constitution of Massachusetts. 



83 



Art. 11. No governor, lieutenant-governor, or judge of the supreme 
judicial court, shall hold any other office or place, under the authority of 
this Commonwealth, except such as by this constitution they are 
admitted to hold, saving that the judges of the said court may hold the 
offices of justices of the peace through the state; nor shall they hold any 
other place or office, or receive any pension or salary from any other 
state or government or power whatever. [See Amendments. Art. VIII.] 

No person shall be capable of holding or exercising at the same time, 
within this state more than one of the following offices, viz.: judge of 
probate - sheriff - register of probate - or register of deeds: and never 
more than any two offices which are to be held by appointment of the 
governor, or the governor and council, or the senate, or the house of 
representatives, or by the election of the people of the state at large, or of 
the people of any county, military offices and the offices of justices of 
the peace excepted, shall be held by one person. 

No person holding the office of judge of the supreme judicial court - 
secretary - attorney-general - solicitor-general - treasurer or receiver 
general - judge of probate - commissary-general - [president, professor, 
or instructor of Harvard College -] sheriff - clerk of the house of 
representatives - register of probate - register of deeds - clerk of the 
supreme judicial court - clerk of the inferior court of common pleas - or 
officer of the customs, including in this description naval officers - shall 
at the same time have a seat in the senate or house of representatives; but 
their being chosen or appointed to, and accepting the same, shall operate 
as a resignation of their seat in the senate or house of representatives; 
and the place so vacated shall be filled up. [See Amendments, Arts. VIII 
and XXVII.] 

And the same rule shall take place in case any judge of the said supreme 
judicial court, or judge of probate, shall accept a seat on council; or any 
councillor shall accept of either of those offices or places. 

And no person shall ever be admitted to hold a seat in the legislature, 
or any office of trust or importance under the government of this 
Commonwealth, who shall, in the due course of law, have been 
convicted of bribery or corruption in obtaining an election or appoint- 
ment. [See Amendments, Art. LXV.] 

Art. III. [In all cases where sums of money are mentioned in this 
constitution, the value thereof shall be computed in silver at six shillings 
and eight pence per ounce: and it shall be in the power of the legislature 
from time to time to increase such qualifications, as to property, of the 
persons to be elected to offices, as the circumstances of the Common- 
wealth shall require.] [See Amendments, Art. XIII and XXXIV.] 



84 



Constitution of Massachusetts. 



Art. IV. All commissions shall be in the name of the Commonwealth 
of Massachusetts, signed by the governor and attested by the secretary or 
his deputy, and have the great seal of the Commonwealth affixed thereto. 

Art. V. All writs, issuing out of the clerk's office in any of the courts 
of law, shall be in the name of the Commonwealth of Massachusetts: 
they shall be under the seal of the court from whence they issue: they 
shall bear test of the first justice of the court to which they shall be 
returnable, who is not a party, and be signed by the clerk of such court. 

Art. VI. All the laws which have heretofore been adopted, used and 
approved in the Province, Colony or State of Massachusetts Bay, and 
usually practiced on in the courts of law, shall still remain and be in full 
force, until altered or repealed by the legislature; such parts only 
excepted as are repugnant to the rights and liberties contained in this 
constitution. 

Art VII. The privilege and benefit of the writ of habeas corpus shall 
be enjoyed in this Commonwealth in the most free, easy, cheap, 
expeditious and ample manner; and shall not be suspended by the 
legislature, except upon the most urgent and pressing occasions, and for 
a limited time not exceeding twelve months. 

Art. VIII. The enacting style, in making and passing all acts, statutes 
and laws, shall be - "Be it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the authority of the same." 

Art. IX. [To the end there may be no failure of justice, or danger 
arise to the Commonwealth from a change of the form of government, all 
officers, civil and military, holding commissions under the government 
and people of Massachusetts Bay in New England, and all other officers 
of the said government and people, at the time this constitution shall take 
effect, shall have, hold, use, exercise and enjoy, all the powers and 
authority to them granted or committed, until other persons shall be 
appointed in their stead: and all courts of law shall proceed in the 
execution of the business of their respective departments; and all the 
executive and legislative officers, bodies and powers shall continue in 
full force, in the enjoyment and exercise of all their trusts, employments 
and authority; until the general court and the supreme and executive 
officers under this constitution are designated and invested with their 
respective trusts, powers and authority.] 



Constitution of Massachusetts. 



85 



Art. X. [In order the more effectually to adhere to the principles of 
the constitution, and to correct those violations which by any means may 
be made therein, as well as to form such alterations as from experience 
shall be found necessary, the general court which shall be in the year of 
our Lord one thousand seven hundred and ninety-five, shall issue 
precepts to the selectmen of the several tow ns, and to the assessors of the 
unincorporated plantations, directing them to convene the qualified 
voters of their respective towns and plantations, for the purpose of 
collecting their sentiments on the necessity or expediency of revising the 
constitution, in order to amendments. [See Amendments, Art. IX.] 

And if it shall appear by the returns made, that two-thirds of the 
qualified voters throughout the state, who shall assemble and vote in 
consequence of the said precepts, are in favor of such revision or 
amendment, the general court shall issue precepts, or direct them to be 
issued from the secretary's office to the several towns to elect delegates 
to meet in convention for the purpose aforesaid. 

The said delegates to be chosen in the same manner and proportion as 
their representatives in the second branch of the legislature arc by this 
constitution to be chosen.] [Annulled by Amendments, Art. XLVlll.] 

Art. XI. This form of government shall be enrolled on parchment and 
deposited in the secretary's office, and be a part of the laws of the land - 
and printed copies thereof shall be prefixed to the book containing the 
laws of this Commonwealth, in all future editions of the said laws. 



86 Constitution of Massachusetts — Amendments. 



ARTICLES OF AMENDMENT 

Article I. [If any bill or resolve shall be objected to, and not approved 
by the governor; and if the general court shall adjourn within five days 
after the same shall have been laid before the governor for his appro- 
bation, and thereby prevent his returning it with his objections, as 
provided by the constitution, such bill or resolve shall not become a law, 
nor have force as such.] [See Const. Ch. I, § 1, Art. II.] [Annulled and 
superseded by Amendments, Art. XC, sect. 2.] 

Art. II. The general court shall have full power and authority to erect 
and constitute municipal or city governments, in any corporate town or 
towns in this Commonwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the constitution, as 
the general court shall deem necessary or expedient for the regulation 
and government thereof, and to prescribe the manner of calling and 
holding public meetings of the inhabitants, in wards or otherwise, for the 
election of officers under the constitution, and the manner of returning 
the votes given at such meetings. Provided, that no such government 
shall be erected or constituted in any town not containing twelve 
thousand inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, present and 
voting thereon, pursuant to a vote at a meeting duly warned and holden 
for that purpose. And provided, also, that all by-laws, made by such 
municipal or city government, shall be subject, at all times, to be 
annulled by the general court. [See Amendments, Art. LXX.] [Annulled 
by Amendments, Art. LXXXIX.] 

Art. III. Every [male] citizen of [twenty-one] years of age and 
upwards, excepting [paupers and] persons under guardianship, who shall 
have resided [within the commonwealth one year, and] within the town 
or district in which he may claim a right to vote, six calendar months 
next preceding any election of governor, lieutenant-governor, senators or 
representatives, [and who shall have paid, by himself or his parent, 
master or guardian, any state or county tax, which shall, within two years 
next preceding such election, have been assessed upon him in any town 
or district of this commonwealth; and also, every citizen who shall be, by 
law, exempted from taxation, and who shall be, in all other respects, 
qualified as above mentioned,] shall have a right to vote in such election 
of governor, lieutenant-governor, senators and representatives; and no 
other person shall be entitled to vote in such elections. [See Amend- 
ments, Arts. XX, XXIII, XXVI, XXVIII, XXX, XXXI, XXXII, XL, 



Constitution of Massachusetts — Amendments. 87 



LXVIII, LXIX, XCIII, XCIV, XCV, C and CXX.] [For absent voting, 
see Amendments, Arts. XLV and LXXVL] 

Art. IV. Notaries public shall be appointed by the governor in the 
same manner as judicial officers are appointed, and shall hold their 
offices during seven years, unless sooner removed by the governor, with 
the consent of the council, upon the address of both houses of the 
legislature. [See Amendments, Arts. XXXVII, LVII and LXIX, sect. 2.] 

[In case the office of secretary or treasurer of the commonwealth shall 
become vacant from any cause, during the recess of the general court, the 
governor, with the advice and consent of the council, shall nominate and 
appoint, under such regulations as may be prescribed by law, a 
competent and suitable person to such vacant office, who shall hold the 
same until a successor shall be appointed by the general court.] [This 
paragraph superseded by Amendments, Art. XVII.] 

[Whenever the exigencies of the commonwealth shall require the 
appointment of a commissary-general, he shall be nominated, appointed, 
and commissioned, in such manner as the legislature may, by law, 
prescribe. 

All officers commissioned to command in the militia may be removed 
from office in such manner as the legislature may, by law, prescribe.] [Last 
two paragraphs annulled and superseded by Amendments, Art. LIIL] 

Art. V. [In the elections of captains and subalterns of the militia, all 
the members of their respective companies, as well those under as those 
above the age of twenty-one years, shall have a right to vote.] [Annulled 
by Amendments, Art. LIIL] 

Art. VI. Instead of the oath of the allegiance prescribed by the 
constitution, the following oath shall be taken and subscribed by every 
person chosen or appointed to any office, civil or military, under the 
government of this commonwealth, before he shall enter on the duties of 
his office, to wit: — 

"I, A. B., do solemnly swear, that I will bear true faith and allegiance 
to the Commonwealth of Massachusetts, and will support the constitution 
thereof So help me, God." 

Provided, That when any person shall be of the denomination called 
Quakers, and shall decline taking said oath, he shall make his affirmation 
in the foregoing form, omitting the word "swear" and inserting instead 
thereof the word "affirm;" and omitting the words "So help me, God," 
and subjoining, instead thereof, the words, "This I do under the pains and 
penalties of perjury." [See Const., Ch. VI, Art. I.] 



88 Constitution of Massachusetts — Amendments. 



Art. VII. No oath, declaration, or subscription, excepting the oath 
prescribed in the preceding article, and the oath of office, shall be 
required of the governor, lieutenant-governor, councillors, senators, or 
representatives, to qualify them to perform the duties of their respective 
offices. 

Art. VIII. No judge of any court of this commonwealth, (except the 
court of sessions,) and no person holding any office under the authority 
of the United States, (postmasters excepted,) shall, at the same time, hold 
the office of governor, lieutenant-governor, or councillor, or have a seat 
in the senate or house of representatives of this commonwealth; and no 
judge of any court in this commonwealth, (except the court of sessions,) 
nor the attorney-general, solicitor-general, county attorney, clerk of any 
court, sheriff, treasurer and receiver-general, register of probate, nor 
register of deeds, shall continue to hold his said office after being elected 
a member of the Congress of the United States, and accepting that trust; 
but the acceptance of such trust, by any of the officers aforesaid, shall be 
deemed and taken to be a resignation of his said office; and judges of the 
courts of common pleas shall hold no other office under the government 
of this commonwealth, the office of justice of the peace and militia 
offices excepted. [See Amendments, Art. LXV.] 

Art. IX. [If, at any time hereafter, any specific and particular 
amendment or amendments to the constitution be proposed in the general 
court, and agreed to by a majority of the senators and two thirds of the 
members of the house of representatives present and voting thereon, such 
proposed amendment or amendments shall be entered on the journals of 
the two houses, with the yeas and nays taken thereon, and referred to the 
general court then next to be chosen, and shall be published; and if, in 
the general court next chosen as aforesaid, such proposed amendment or 
amendments shall be agreed to by a majority of the senators and two 
thirds of the members of the house of representatives present and voting 
thereon, then it shall be the duty of the general court to submit such 
proposed amendment or amendments to the people; and if they shall be 
approved and ratified by a majority of the qualified voters voting 
thereon, at meetings legally warned and holden for that purpose, they 
shall become part of the constitution of this commonwealth.] [Annulled 
by Amendments, Art. XLVIII, General Provisions, VIII.] 

Art, X. The political year shall begin on the first Wednesday of 
January, instead of the last Wednesday of May; and the general court 
shall assemble every year on the said first Wednesday of January, and 
shall proceed, at that session, to make all the elections, and do all the 



Constitution of Massachusetts — Amendments. 89 



other acts, which are by the constitution required to be made and done at 
the session which has heretofore commenced on the last Wednesday of 
May. And the general court shall be dissolved on the day next preceding 
the first Wednesday of January, without any proclamation or other act of 
the governor. But nothing herein contained shall prevent the general 
court from assembling at such other times as they shall judge necessary, 
or when called together by the governor. [The governor, lieutenant- 
governor and councillors, shall also hold their respective offices for one 
year next following the first Wednesday of January, and until others are 
chosen and qualified in their stead.] [See Amendments, Arts. LXIV, 
LXXII and LXXV.] 

[The meeting for the choice of governor, lieutenant-governor, 
senators, and representatives, shall be held on the second Monday of 
November in every year; but meetings may be adjourned, if necessary, 
for the choice of representatives, to the next day, and again to the next 
succeeding day, but no further. But in case a second meeting shall be 
necessary for the choice of representatives, such meetings shall be held 
on the fourth Monday of the same month of November.] [See Amend- 
ments, Art. LXIV.] [This paragraph superseded by Amendments, 
Art. XV.] 

All the other provisions of the constitution, respecting the elections 
and proceedings of the members of the general court, or of any other 
officers or persons whatever, that have reference to the last Wednesday 
of May, as the commencement of the political year, shall be so far 
altered, as to have like reference to the first Wednesday of January. 

This article shall go into operation on the first day of October, next 
following the day when the same shall be duly ratified and adopted as an 
amendment of the constitution [; and the governor, lieutenant-governor, 
councillors, senators, representatives, and all other state officers, who are 
annually chosen, and who shall be chosen for the current year, when the 
same shall go into operation, shall hold their respective offices until 
the first Wednesday of January then next following, and until others are 
chosen and qualified in their stead, and no longer; and the first election 
of the governor, lieutenant-governor, senators, and representatives, to be 
had in virtue of this article, shall be had conformably thereunto, in the 
month of November following the day on which the same shall be in 
force, and go into operation, pursuant to the foregoing provision]. 

All the provisions of the existing constitution, inconsistent with the 
provisions herein contained, are hereby wholly annulled. [See Amend- 
ments, Art. LXIV.] 

Art. XI. Instead of the third article of the bill of rights, the following 
modification and amendment thereof is substituted: — "As the public 



90 Constitution of Massachusetts — Amendments. 



worship of God and instructions in piety, religion, and morality, promote 
the happiness and prosperity of a people, and the security of a republican 
government; therefore, the several religious societies of this common- 
wealth, whether corporate or unincorporate, at any meeting legally 
warned and holden for that purpose, shall ever have the right to elect 
their pastors or religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public worship for 
the maintenance of religious instruction, and for the payment of neces- 
sary expenses; and all persons belonging to any religious society shall be 
taken and held to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their membership, 
and thenceforth shall not be liable for any grant or contract which may 
be thereafter made, or entered into by such society; and all religious 
sects and denominations, demeaning themselves peaceably, and as good 
citizens of the commonwealth, shall be equally under the protection of 
the law; and no subordination of any one sect or denomination to another 
shall ever be established by law." [See Amendments, Arts. XLVI and 
XLVIII, The Initiative, II, sect. 2, and The Referendum, III, sect.2.] 

Art. XII. [In order to provide for a representation of the citizens of 
this commonwealth, founded upon the principles of equality, a census of 
the ratable polls, in each city, town and district of the commonwealth, on 
the first day of May, shall be taken and returned into the secretary's 
office, in such manner as the legislature shall provide, within the month 
of May, in the year of our Lord one thousand eight hundred and thirty- 
seven, and in every tenth year thereafter, in the month of May, in manner 
aforesaid; and each town or city having three hundred ratable polls at the 
last preceding decennial census of polls, may elect one representative, 
and for every four hundred and fifty ratable polls in addition to the first 
three hundred, one representative more. 

Any town having less than three hundred ratable polls shall be 
represented thus: The whole number of ratable polls, at the last preceding 
decennial census of polls, shall be multiplied by ten, and the product 
divided by three hundred; and such town may elect one representative as 
many years within ten years, as three hundred is contained in the product 
aforesaid. 

Any city or town having ratable polls enough to elect one or more 
representatives, with any number of polls beyond the necessary number, 
may be represented, as to that surplus number, by multiplying such 
surplus number by ten and dividing the product by four hundred and 
fifty; and such city or town may elect one additional representative as 
many years, within the ten years, as four hundred and fifty is contained 
in the product aforesaid. 



Constitution of Massachusetts — Amendments. 9 1 



Any two or more of the several towns and districts may, by consent of 
a majority of the legal voters present at a legal meeting, in each of said 
towns and districts, respectively, called for that purpose, and held 
previous to the first day of July, in the year in which the decennial 
census of polls shall be taken, form themselves into a representative 
district to continue until the next decennial census of polls, for the 
election of a representative, or representatives; and such district shall 
have all the rights, in regard to representation, which would belong to a 
town containing the same number of ratable polls. 

The governor and council shall ascertain and determine, within the 
months of July and August, in the year of our Lord one thousand eight 
hundred and thirty-seven, according to the foregoing principles, the 
number of representatives, which each city, town and representative 
district is entitled to elect, and the number of years, within the period of 
ten years then next ensuing, that each city, town and representative 
district may elect an additional representative, and where any town has 
not a sufficient number of polls to elect a representative each year then 
how many years within the ten years, such town may elect a repre- 
sentative, and the same shall be done once in ten years thereafter by the 
governor and council, and the number of ratable polls in each decennial 
census of polls, shall determine the number of representatives which 
each city, town and representative district may elect as aforesaid; and 
when the number of representatives to be elected by each city, town or 
representative district is ascertained and determined as aforesaid, the 
governor shall cause the same to be published forthwith for the infor- 
mation of the people and that number shall remain fixed and unalterable 
for the period of ten years. 

All the provisions of the existing constitution inconsistent with the 
provisions herein contained, are hereby wholly annulled.] [Superseded 
by Amendments, Arts. XIII, XXI, LXXI, XCII, CI and CIX.] 

Art. XIII. [A census of the inhabitants of each city and town, on the 
first day of May, shall be taken, and returned into the secretary's office, 
on or before the last day of June, of the year one thousand eight hundred 
and forty, and of every tenth year thereafter; which census shall 
determine the apportionment of senators and representatives for the term 
often years. [See Amendments, Arts. XXI, XXII, LXXI, XCII, CI, CIX, 
CXVII and CXIX.] 

The several senatorial districts now existing shall be permanent. The 
senate shall consist of forty members; and in the year one thousand eight 
hundred and forty, and every tenth year thereafter the governor and 
council shall assign the number of senators to be chosen in each district, 
according to the number of inhabitants in the same. But, in all cases, at 



92 Constitution of Massachusetts — Amendments. 



least one senator shall be assigned to each district. [See Amendments, 
Arts. XXII, LXXI, XCII, CI, CIX, CXVII and CXIX.] 

The members of the house of representatives shall be apportioned in 
the following manner: Every town or city containing twelve hundred 
inhabitants may elect one representative; and two thousand four hundred 
inhabitants shall be the mean increasing number, which shall entitle it to 
an additional representative. [See Amendments, Arts. XXI, LXXI, XCII, 
CI and CIX.] 

Every town containing less than twelve hundred inhabitants shall be 
entitled to elect a representative as many times within ten years as the 
number one hundred and sixty is contained in the number of the 
inhabitants of said town. Such towns may also elect one representative 
for the year in which the valuation of estates within the commonwealth 
shall be settled. 

Any two or more of the several towns may, by consent of a majority 
of the legal voters present at a legal meeting, in each of said towns, 
respectively, called for that purpose, and held before the first day of 
August, in the year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a representative district, to 
continue for the term of ten years; and such district shall have all the 
rights, in regard to representation, which would belong to a town 
containing the same number of inhabitants. 

The number of inhabitants which shall entitle a town to elect one 
representative, and the mean increasing number which shall entitle a 
town or city to elect more than one, and also the number by which the 
population of towns not entitled to a representative every year is to be 
divided, shall be increased, respectively, by one-tenth of the numbers 
above mentioned, whenever the population of the commonwealth shall 
have increased to seven hundred and seventy thousand, and for every 
additional increase of seventy thousand inhabitants, the same addition 
of one-tenth shall be made, respectively, to the said numbers above 
mentioned. 

In the year of each decennial census, the governor and council shall, 
before the first day of September, apportion the number of represen- 
tatives which each city, town, and representative district is entitled to 
elect, and ascertain how many years, within ten years, any town may 
elect a representative, which is not entitled to elect one every year; and 
the governor shall cause the same to be published forthwith. 

Nine councillors shall be annually chosen from among the people at 
large, on the first Wednesday of January, or as soon thereafter as may be, 
by the joint ballot of the senators and representatives, assembled in one 
room, who shall, as soon as may be, in like manner, fill up any vacancies 
that may happen in the council, by death, resignation, or otherwise. No 



Constitution of Massachusetts — Amendments. 93 



person shall be elected a councillor, who has not been an inhabitant of 
this commonwealth for the term of five years immediately preceding his 
election; and not more than one councillor shall be chosen from any one 
senatorial district in the commonwealth.] [See Amendments, Arts. XVI, 
LXIV, LXXX, XCII, CI, CIX, CXVII and CXIX.] 

No possession of a freehold, or of any other estate, shall be required 
as a qualification for holding a seat in either branch of the general court, 
or in the executive council. 

Art. XIV. In all elections of civil officers by the people of this 
commonwealth, whose election is provided for by the constitution, the 
person having the highest number of votes shall be deemed and declared 
to be elected. 

Art. XV. The meeting for the choice of governor, lieutenant- 
governor, senators, and representatives, shall be held on the Tuesday 
next after the first Monday in November, annually; but in case of a 
failure to elect representatives on that day, a second meeting shall be 
holden, for that purpose, on the fourth Monday of the same month of 
November. [See Amendments, Art. LXIV and LXXX.] 

Art. XVI. Eight councillors shall be annually chosen by the inhabi- 
tants of this commonwealth, qualified to vote for governor. The election 
of councillors shall be determined by the same rule that is required in the 
election of governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first session after the next 
state census shall have been taken, and at its first session after each 
decennial state census thereafterwards, shall divide the commonwealth 
into eight districts of contiguous territory, each containing a number of 
inhabitants as nearly equal as practicable, without dividing any town or 
ward of a city, and each entitled to elect one councillor: provided, 
however, that if, at any time, the constitution shall provide for the 
division of the commonwealth into forty senatorial districts, then the 
legislature shall so arrange the councillor districts, that each district shall 
consist of five contiguous senatorial districts, as they shall be, from time 
to time, established by the legislature. No person shall be eligible to the 
office of councillor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his election. The day 
and manner of the election, the return of the votes, and the declaration 
of the said elections, shall be the same as are required in the election of 
governor. [Whenever there shall be a failure to elect the full number 
of councillors, the vacancies shall be filled in the same manner as is 
required for filling vacancies in the senate; and vacancies occasioned by 



94 Constitution of Massachusetts — Amendments. 



death, removal from the state, or otherwise, shall be filled in like 
manner, as soon as may be, after such vacancies shall have happened.] 
And that there may be no delay in the organization of the government on 
the first Wednesday of January, the governor, with at least five 
councillors for the time being, shall, as soon as may be, examine the 
returned copies of the records for the election of governor, lieutenant- 
governor, and councillors; and ten days before the said first Wednesday 
in January he shall issue his summons to such persons as appear to be 
chosen, to attend on that day to be qualified accordingly; and the 
secretary shall lay the returns before the senate and house of represen- 
tatives on the said first Wednesday in January, to be by them examined; 
and in case of the election of either of said officers, the choice shall be 
by them declared and published; but in case there shall be no election of 
either of said officers, the legislature shall proceed to fill such vacancies 
in the manner provided in the constitution for the choice of such officers. 
[See Amendments, Arts. XXV, LXIV and LXXX.] 

Art. XVII. The secretary, treasurer and receiver-general, auditor, and 
attorney-general, shall be chosen [annually], on the day in November 
prescribed for the choice of governor; and each person then chosen as 
such, duly qualified in other respects, shall hold his office for the term of 
[one year] from the third Wednesday in January next thereafter, and until 
another is chosen and qualified in his stead. The qualification of 
the voters, the manner of the election, the return of the votes, and the 
declaration of the elecdon, shall be such as are required in the elecfion of 
governor. In case of a failure to elect either of said officers on the day in 
November aforesaid, or in case of the decease, in the meantime, of the 
person elected as such, such officer shall be chosen on or before the third 
Wednesday in January next thereafter, from the [two persons who had 
the highest number of votes for said offices on the day in November 
aforesaid], by joint ballot of the senators and representatives, in one 
room; and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become vacant, from any 
cause, during an annual or special session of the general court, such 
vacancy shall in like manner be filled by choice from the people at large; 
but if such vacancy shall occur at any other time, it shall be supplied by 
the governor by appointment, with the advice and consent of the council. 
The person so chosen or appointed, duly qualified in other respects, shall 
hold his office until his successor is chosen and duly qualified in his 
stead. In case any person chosen or appointed to either of the offices 
aforesaid, shall neglect, for the space of ten days after he could otherwise 
enter upon his duties, to qualify himself in all respects to enter upon the 
discharge of such duties, the office to which he has been elected or 



Constitution of Massachusetts — Amendments. 95 



appointed shall be deemed vacant. No person shall be eligible to either of 
said offices unless he shall have been an inhabitant of this common- 
wealth five years next preceding his election or appointment. [See 
Amendments, Arts. LXIV, LXXIX and LXXX.] 

Art. XVIII. [All moneys raised by taxation in the towns and cities for 
the support of public schools, and all moneys which may be appropriated 
by the state for the support of common schools, shall be applied to, and 
expended in, no other schools than those which are conducted according 
to law, under the order and superintendence of the authorities of the town 
or city in which the money is to be expended; and such money shall never 
be appropriated to any religious sect for the maintenance, exclusively, of its 
own school.] [Superseded by Amendments, Arts. XLVI, XCVI and CIII.] 

Art. XIX. The legislature shall prescribe, by general law, for the 
election of sheriffs, registers of probate, [commissioners of insolvency,] 
and clerks of the courts, by the people of the several counties, and that 
district-attorneys shall be chosen by the people of the several districts, 
for such term of office as the legislature shall prescribe. [See Amend- 
ments, Art. XXXVI.] 

Art. XX. No person shall have the right to vote, or be eligible to 
office under the constitution of this commonwealth, who shall not be 
able to read the constitution in the English language, and write his name: 
provided, however, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from complying with its 
requisitions, nor to any person who now has the right to vote, nor to any 
persons who shall be sixty years of age or upwards at the time this 
amendment shall take effect. [See Amendments, Arts. Ill, XXIII, XXVI, 
XXVIII, XXX, XXXI, XXXII, XL, XLV and LXXVI.] 

Art. XXI. [A census of the legal voters of each city and town, on the 
first day of May, shall be taken and returned into the office of the 
secretary of the commonwealth, on or before the last day of June, in the 
year one thousand eight hundred and fifty-seven; and a census of the 
inhabitants of each city and town, in the year one thousand eight hundred 
and sixty-five, and of every tenth year thereafter. In the census aforesaid, 
a special enumeration shall be made of the legal voters; and in each city, 
said enumeration shall specify the number of such legal voters aforesaid, 
residing in each ward of such city. The enumeration aforesaid shall 
determine the apportionment of representatives for the periods between 
the taking of the census. 



96 Constitution of Massachusetts — Amendments. 



The house of representatives shall consist of two hundred and forty 
members, which shall be apportioned by the legislature, at its first 
session after the return of each enumeration as aforesaid, to the several 
counties of the commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained by the next 
preceding special enumeration; and the town of Cohasset, in the county 
of Norfolk, shall, for this purpose, as well as in the formation of districts, 
as hereinafter provided, be considered a part of the county of Plymouth; 
and it shall be the duty of the secretary of the commonwealth, to certify, 
as soon as may be after it is determined by the legislature, the number of 
representatives to which each county shall be entitled, to the board 
authorized to divide each county into representative districts. The mayor 
and aldermen of the city of Boston, the county commissioners of other 
counties than Suffolk, — or in lieu of the mayor and aldermen of the city 
of Boston, or of the county commissioners in each county other than 
Suffolk, such board of special commissioners in each county, to be 
elected by the people of the county, or of the towns therein, as may for 
that purpose be provided by law, — shall, on the first Tuesday of August 
next after each assignment of representatives to each county, assemble at 
a shire town of their respective counties, and proceed, as soon as may be, 
to divide the same into representative districts of contiguous territory, so 
as to apportion the representation assigned to each county equally, as 
nearly as may be, according to the relative number of legal voters in the 
several districts of each county; and such districts shall be so formed that 
no town or ward of a city shall be divided therefor, nor shall any district 
be made which shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding his election, 
shall have been an inhabitant of the district for which he is chosen and 
shall cease to represent such district when he shall cease to be an 
inhabitant of the commonwealth. The districts in each county shall be 
numbered by the board creating the same, and a description of each, with 
the numbers thereof and the number of legal voters therein, shall be 
returned by the board, to the secretary of the commonwealth, the county 
treasurer of each county, and to the clerk of every town in each district, 
to be filed and kept in their respective offices. The manner of calling and 
conducting the meetings for the choice of representatives, and of 
ascertaining their election, shall be prescribed by law.] [Not less than 
one hundred members of the house of representatives shall constitute a 
quorum for doing business; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of absent members.] 
[Annulled and superseded by Amendments, Arts. XXXIII, LXXI, XCII, 
CI, CIX, CXVII and CXIX.] 



Constitution of Massachusetts — Amendments. 97 



Art. XXII. [A census of the legal voters of each city and town, 
on the first day of May, shall be taken and returned into the office of the 
secretary of the commonwealth, on or before the last day of June, in 
the year one thousand eight hundred and fifty-seven; and a census of the 
inhabitants of each city and town, in the year one thousand eight hundred 
and sixty-five, and of every tenth year thereafter. In the census aforesaid, 
a special enumeration shall be made of the legal voters, and in each city 
said enumeration shall specify the number of such legal voters aforesaid, 
residing in each ward of such city. The enumeration aforesaid shall 
determine the apportionment of senators for the periods between the 
taking of the census. The senate shall consist of forty members. The 
general court shall, at its first session after each next preceding special 
enumeration, divide the commonwealth into forty districts of adjacent 
territory, each district to contain, as nearly as may be, an equal number 
of legal voters, according to the enumeration aforesaid: provided, 
however, that no town or ward of a city shall be divided therefor; and 
such districts shall be formed, as nearly as may be, without uniting two 
counties, or parts of two or more counties, into one district. Each district 
shall elect one senator, who shall have been an inhabitant of this 
commonwealth five years at least immediately preceding his election, 
and at the time of his election shall be an inhabitant of the district for 
which he is chosen; and he shall cease to represent such senatorial 
district when he shall cease to be an inhabitant of the commonwealth.] 
[Not less than sixteen senators shall constitute a quorum for doing 
business; but a less number may organize temporarily, adjourn from day to 
day, and compel the attendance of absent members.] [See Amendments, 
Art. XXIV.] [Annulled and superseded by Amendments, Arts. XXXIII, 
LXXI, XCII, CI, CIX, CXVII and CXIX.] 

Art. XXIII. [No person of foreign birth shall be entitled to vote, or 
shall be eligible to office, unless he shall have resided within the 
jurisdiction of the United States for two years subsequent to his natural- 
ization, and shall be otherwise qualified, according to the constitution 
and laws of this commonwealth: provided, that this amendment shall not 
affect the rights which any person of foreign birth possessed at the time 
of the adoption thereof; and, provided, further, that it shall not affect 
the rights of any child of a citizen of the United States, bom during the 
temporary absence of the parent therefrom.] [Annulled by Amendments, 
Art. XXVI.] 

Art. XXIV. Any vacancy in the senate shall be filled by election by 
the people of the unrepresented district, upon the order of a majority of 
the senators elected. 



98 Constitution of Massachusetts — Amendments. 



Art. XXV. In case of a vacancy in the council, from a failure of 
election, or other cause, the senate and house of representatives shall, by 
concurrent vote, choose some eligible person from the people of the 
district wherein such vacancy occurs, to fill that office. If such vacancy 
shall happen when the legislature is not in session, the governor, with the 
advice and consent of the council, may fill the same by appointment of 
some eligible person. 

Art. XXVI. The twenty-third article of the articles of amendment 
of the constitution of this commonwealth, which is as follows, to wit: 
"No person of foreign birth shall be entitled to vote, or shall be eligible 
to office, unless he shall have resided within the jurisdiction of the 
United States for two years subsequent to his naturalization, and shall be 
otherwise qualified, according to the constitution and laws of this 
commonwealth: provided, that this amendment shall not affect the rights 
which any person of foreign birth possessed at the time of the adoption 
thereof; and provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, bom during the temporary absence 
of the parent therefrom," is hereby wholly annulled. 

Art. XXVII. So much of article two of chapter six of the constitution 
of this commonwealth as relates to persons holding the office of 
president, professor, or instructor of Harvard College, is hereby annulled. 

Art. XXVIII. No person having served in the army or navy of the 
United States in time of war, and having been honorably discharged from 
such service, if otherwise qualified to vote, shall be disqualified therefor 
on account of [being a pauper;] or [if a pauper,] because of the non- 
payment of a poll tax. [Amended by Amendments, Art. XXXI.] 

Art. XXIX. The General Court shall have full power and authority to 
provide for the inhabitants of the towns in this Commonwealth more than 
one place of public meeting within the limits of each town for the 
election of officers under the constitution, and to prescribe the manner of 
calling, holding and conducting such meetings. All the provisions of the 
existing constitution inconsistent with the provisions herein contained 
are hereby annulled. [For absent voting, see Amendments, Arts. XLV 
and LXXVI.] 

Art. XXX. No person, otherwise qualified to vote in elections for 
governor, lieutenant-governor, senators, and representatives, shall, by 
reason of a change of residence within the Commonwealth, be 
disqualified fi-om voting for said officers in the city or town fi-om which 



Constitution of Massachusetts — Amendments. 99 



he has removed his residence, until the expiration of six calendar months 
from the time of such removal. [For absent and compulsory voting, see 
Amendments, Arts. XLV, LXI and LXXVI.] 

Art. XXXI. Article twenty-eight of the Amendments of the 
Constitution is hereby amended by striking out in the fourth line thereof 
the words "being a pauper", and inserting in place thereof the words: — 
receiving or having received aid from any city or town, — and also by 
striking out in said fourth line the words "if a pauper", so that the article 
as amended shall read as follows: — ARTICLE XXVIII. No person 
having served in the army or navy of the United States in time of war, 
and having been honorably discharged from such service, if otherwise 
qualified to vote, shall be disqualified therefor on account of receiving or 
having received aid from any city or town, or because of the non- 
payment of a poll tax. 

Art. XXXII. So much of article three of the Amendments of the 
Constitution of the Commonwealth as is contained in the following 
words: "and who shall have paid, by himself, or his parent, master, or 
guardian, any state or county tax, which shall, within two years next 
preceding such election, have been assessed upon him, in any town or 
district of this Commonwealth; and also every citizen who shall be, by 
law, exempted from taxation, and who shall be, in all other respects, 
qualified as above mentioned", is hereby annulled. 

Art. XXXIII. A majority of the members of each branch of the 
General Court shall constitute a quorum for the transaction of business, 
but a less number may adjourn from day to day, and compel the 
attendance of absent members. All the provisions of the existing 
Constitution inconsistent with the provisions herein contained are hereby 
annulled. 

Art. XXXIV. So much of article two of section one of chapter two of 
part the second of the Constitution of the Commonwealth as is contained 
in the following words: "and unless he shall at the same time be seized, 
in his own right, of a freehold, within the Commonwealth, of the value of 
one thousand pounds"; is hereby annulled. 

Art. XXXV, So much of article two of section three of chapter one of 
the Constitution of the Commonwealth as is contained in the following 
words: "The expenses of travelling to the general assembly, and 
returning home, once in every session, and no more, shall be paid by the 
government, out of the public treasury, to every member who shall attend 



100 Constitution of Massachusetts — Amendments. 



as seasonably as he can, in the judgment of the house, and does not 
depart without leave", is hereby annulled. 

Art. XXXVI. So much of article nineteen of the articles of Amend- 
ment to the Constitution of the Commonwealth as is contained in the 
following words: "commissioners of insolvency", is hereby annulled. 

Art. XXXVII. The governor, with the consent of the council, may 
remove justices of the peace and notaries public. 

Art. XXXVIII. Voting machines or other mechanical devices for voting 
may be used at all elections under such regulations as may be prescribed by 
law: provided, however, that the right of secret voting shall be preserved. 

Art. XXXIX. Article ten of part one of the Constitution is hereby 
amended by adding to it the following words: — The legislature may by 
special acts for the purpose of laying out, widening or relocating 
highways or streets, authorize the taking in fee by the Commonwealth, or 
by a county, city or town, of more land and property than are needed for 
the actual construction of such highway or street: provided, however, 
that the land and property authorized to be taken are specified in the act 
and are no more in extent than would be sufficient for suitable building 
lots on both sides of such highway or street, and after so much of the 
land or property has been appropriated for such highway or street as is 
needed therefor, may authorize the sale of the remainder for value with 
or without suitable restrictions. 

Art. XL. Article three of the Amendments to the Constitution is 
hereby amended by inserting after the word "guardianship", in line two, 
the following: — and persons temporarily or permanently disqualified by 
law because of corrupt practices in respect to elections. 

Art. XLI. Full power and authority are hereby given and granted to 
the general court to prescribe for wild or forest lands such methods of 
taxation as will develop and conserve the forest resources of the common- 
wealth. [Annulled and superseded by Amendments, Art. CX.] 

Art. XLII. [Full power and authority are hereby given and granted to 
the general court to refer to the people for their rejection or approval at 
the polls any act or resolve of the general court or any part or parts 
thereof Such reference shall be by a majority yea and nay vote of all 
members of each house present and voting. Any act, resolve, or part 
thereof so referred shall be voted on at the regular state election next 



Constitution of Massachusetts — Amendments. 1 1 



ensuing after such reference, shall become law if approved by a majority 
of the voters voting thereon, and shall take effect at the expiration of 
thirty days after the election at which it was approved or at such time 
after the expiration of the said thirty days as may be fixed in such act, 
resolve or part thereof.] [Annulled and superseded by Amendments, 
Art. XLVIII, General Provisions, Vlll.] 

Art. XLIII. The general court shall have power to authorize the 
commonwealth to take land and to hold, improve, subdivide, build upon 
and sell the same, for the purpose of relieving congestion of population 
and providing homes for citizens: provided, however, that this amend- 
ment shall not be deemed to authorize the sale of such land or buildings 
at less than the cost thereof. 

Art. XLIV. Full power and authority are hereby given and granted to 
the general court to impose and levy a tax on income in the manner 
hereinafter provided. Such tax may be at different rates upon income 
derived from different classes of property, but shall be levied at a 
uniform rate throughout the commonwealth upon incomes derived from 
the same class of property. The general court may tax income not derived 
from property at a lower rate than income derived from property, and 
may grant reasonable exemptions and abatements. Any class of property 
the income from which is taxed under the provisions of this article may 
be exempted from the imposition and levying of proportional and 
reasonable assessments, rates and taxes as at present authorized by the 
constitution. This article shall not be construed to limit the power of the 
general court to impose and levy reasonable duties and excises. 

Art. XLV. [The general court shall have power to provide by law for 
voting by qualified voters of the commonwealth who, at the time of an 
election, are absent from the city or town of which they are inhabitants in 
the choice of any officer to be elected or upon any question submitted at 
such election.] [Annulled and superseded by Amendments, Arts. LXXVI 
and CV.] [For compulsory voting, see Amendments, Art. LXI.] 

Art. XLVI. (In place of article XVIII of the articles of amendment of 
the constitution ratified and adopted April 9, 1821, the following article 
of amendment, submitted by the constitutional convention, was ratified 
and adopted November 6, 1917.) Article XVIII. Section 1. No law shall 
be passed prohibiting the free exercise of religion. 

Section 2. All moneys raised by taxation in the towns and cities for the 
support of public schools, and all moneys which may be appropriated by 



1 02 Constitution of Massachusetts — Amendments. 



the commonwealth for the support of common schools shall be applied to, 
and expended in, no other schools than those which are conducted 
according to law, under the order and superintendence of the authorities of 
the town or city in which the money is expended; and no grant, appro- 
priation or use of public money or property or loan of public credit shall be 
made or authorized by the commonwealth or any political division thereof 
for the purpose of founding, maintaining or aiding any school or institution 
of learning, whether under public control or otherwise, wherein any 
denominational doctrine is inculcated, or any other school, or any college, 
infirmary, hospital, institution, or educational, charitable or religious 
undertaking which is not publicly owned and under the exclusive control, 
order and superintendence of public officers or public agents authorized by 
the commonwealth or federal authority or both, except that appropriations 
may be made for the maintenance and support of the Soldiers' Home in 
Massachusetts and for free public libraries in any city or town, and to carry 
out legal obligations, if any, already entered into; and no such grant, 
appropriation or use of public money or property or loan of public credit 
shall be made or authorized for the purpose of founding, maintaining or 
aiding any church, religious denomination or society. 

Section 3. Nothing herein contained shall be construed to prevent 
the commonwealth, or any political division thereof, from paying to 
privately controlled hospitals, infirmaries, or institutions for the deaf, 
dumb or blind not more than the ordinary and reasonable compensation 
for care or support actually rendered or furnished by such hospitals, 
infirmaries or institutions to such persons as may be in whole or in part 
unable to support or care for themselves. 

Section 4. Nothing herein contained shall be construed to deprive 
any inmate of a publicly controlled reformatory, penal or charitable 
institution of the opportunity of religious exercises therein of his own 
faith; but no inmate of such institution shall be compelled to attend 
religious services or receive religious instruction against his will, or, if a 
minor, without the consent of his parent or guardian. 

Section 5. This amendment shall not take effect until the October 
first next succeeding its ratification and adoption by the people. [See 
Amendments, Arts. XLVIII, The Initiative, II, sect. 2, and LXII, XCVI, 
sect. 1 and ClII.] 

Art. XLVII. The maintenance and distribution at reasonable rates, 
during time of war, public exigency, emergency or distress, of a suffi- 
cient supply of food and other common necessaries of life and the 
providing of shelter, are public functions, and the commonwealth and 



Constitution of Massachusetts — Amendments. 103 



the cities and towns therein may take and may provide the same for their 
inhabitants in such manner as the general court shall determine. 

Art. XLVIII. 

/. Definition. 

Legislative power shall continue to be vested in the general court; but 
the people reserve to themselves the popular initiative, which is the power 
of a specified number of voters to submit constitutional amendments and 
laws to the people for approval or rejection; and the popular referendum, 
which is the power of a specified number of voters to submit laws, enacted 
by the general court, to the people for their ratification or rejection. 

The Initiative. 

//. Initiative Petitions. 

Section 1 . Contents. — An initiative petition shall set forth the full 
text of the constitutional amendment or law, hereinafter designated as the 
measure, which is proposed by the petition. 

Section 2. Excluded Matters. — No measure that relates to religion, 
religious practices or religious institutions; or to the appointment, 
qualification, tenure, removal, recall or compensation of judges; or to the 
reversal of a judicial decision; or to the powers, creation or abolition of 
courts; or the operation of which is restricted to a particular town, city or 
other political division or to particular districts or localities of the 
commonwealth; or that makes a specific appropriation of money from 
the treasury of the commonwealth, shall be proposed by an initiative 
petition; but if a law approved by the people is not repealed, the general 
court shall raise by taxation or otherwise and shall appropriate such 
money as may be necessary to carry such law into effect. 

Neither the eighteenth amendment of the constitution, as approved 
and ratified to take effect on the first day of October in the year nineteen 
hundred and eighteen, nor this provision for its protection, shall be the 
subject of an initiative amendment. 

No proposition inconsistent with any one of the following rights of 
the individual, as at present declared in the declaration of rights, shall be 
the subject of an initiative or referendum petition: The right to receive 
compensation for private property appropriated to public use; the right of 
access to and protection in courts of justice; the right of trial by jury; 
protection from unreasonable search, unreasonable bail and the law 



1 04 Constitution of Massachusetts — Amendments. 



martial; freedom of the press; freedom of speech; freedom of elections; 
and the right of peaceable assembly. 

No part of the constitution specifically excluding any matter from the 
operation of the popular initiative and referendum shall be the subject of an 
initiative petition; nor shall this section be the subject of such a petition. 

The limitations on the legislative power of the general court in the 
constitution shall extend to the legislative power of the people as exercised 
hereunder. 

[Section 3. Mode of Originating. — Such petition shall first be signed 
by ten qualified voters of the commonwealth and shall then be submitted 
to the attorney-general, and if he shall certify that the measure is in 
proper form for submission to the people, and that it is not, either 
affirmatively or negatively, substantially the same as any measure which 
has been qualified for submission or submitted to the people within three 
years of the succeeding first Wednesday in December and that it contains 
only subjects not excluded from the popular initiative and which are 
related or which are mutually dependent, it may then be filed with the 
secretary of the commonwealth. The secretary of the commonwealth 
shall provide blanks for the use of subsequent signers, and shall print at 
the top of each blank a description of the proposed measure as such 
description will appear on the ballot together with the names and 
residences of the first ten signers. All initiative petitions, with the first 
ten signatures attached, shall be filed with the secretary of the 
commonwealth not earlier than the first Wednesday of the September 
before the assembling of the general court into which they are to be 
introduced, and the remainder of the required signatures shall be filed not 
later than the first Wednesday of the following December.] [Section 3 
superseded by section 1 of Amendments, Art. LXXIV.] 

Section 4. Transmission to the General Court. — If an initiative 
petition, signed by the required number of qualified voters, has been 
filed as aforesaid, the secretary of the commonwealth shall, upon the 
assembling of the general court, transmit it to the clerk of the house of 
representatives, and the proposed measure shall then be deemed to be 
introduced and pending. 

///. Legislative Action. General Provisions. 

Section 1. Reference to Committee. — If a measure is introduced 
into the general court by initiative petition, it shall be referred to a com- 
mittee thereof, and the petitioners and all parties in interest shall be 
heard, and the measure shall be considered and reported upon to the 



Constitution of Massachusetts — Amendments. 1 05 



general court with the committee's recommendations, and the reasons 
therefor, in writing. Majority and minority reports shall be signed by the 
members of said committee. 

Section 2. Legislative Substitutes. — The general court may, by 
resolution passed by yea and nay vote, either by the two houses separately, 
or in the case of a constitutional amendment by a majority of those voting 
thereon in joint session in each of two years as hereinafter provided, submit 
to the people a substitute for any measure introduced by initiative petition, 
such substitute to be designated on the ballot as the legislative substitute for 
such an initiative measure and to be grouped with it as an alternative 
therefor. 

IV. Legislative Action on Proposed 
Constitutional Amendments. 

Section 1. Definition. — A proposal for amendment to the 
constitution introduced into the general court by initiative petition shall 
be designated an initiative amendment, and an amendment introduced by 
a member of either house shall be designated a legislative substitute or a 
legislative amendment. 

[Section 2. Joint Session. — If a proposal for a specific amendment of 
the constitution is introduced into the general court by initiative petition 
signed by not less than twenty-five thousand qualified voters, or if in case 
of a proposal for amendment introduced into the general court by a member 
of either house, consideration thereof in joint session is called for by vote of 
either house, such proposal shall, not later than the second Wednesday in 
June, be laid before a joint session of the two houses, at which the president 
of the senate shall preside; and if the two houses fail to agree upon a time 
for holding any joint session hereby required, or fail to continue the same 
from time to time until final action has been taken upon all amendments 
pending, the governor shall call such joint session or continuance thereof.] 
[Section 2 superseded by section 1 of Amendments, Art. LXXXI.] 

Section 3. Amendment of Proposed Amendments. — A proposal for an 
amendment to the constitution introduced by initiative petition shall be 
voted upon in the form in which it was introduced, unless such amendment 
is amended by vote of three-fourths of the members voting thereon in joint 
session, which vote shall be taken by call of the yeas and nays if called for 
by any member. 

Section 4. Legislative Action. — Final legislative action in the joint 
session upon any amendment shall be taken only by call of the yeas and 



1 06 Constitution of Massachusetts — Amendments. 



nays, which shall be entered upon the journals of the two houses; and an 
unfavorable vote at any stage preceding final action shall be verified by 
call of the yeas and nays, to be entered in like manner. At such joint 
session a legislative amendment receiving the affirmative votes of a 
majority of all the members elected, or an initiative amendment 
receiving the affirmative votes of not less than one-fourth of all the 
members elected, shall be referred to the next general court. 

Section 5. Submission to the People. — If in the next general court 
a legislative amendment shall again be agreed to in joint session by a 
majority of all the members elected, or if an initiative amendment or 
a legislative substitute shall again receive the affirmative votes of at least 
one-fourth of all the members elected, such fact shall be certified by the 
clerk of such joint session to the secretary of the commonwealth, who 
shall submit the amendment to the people at the next state election. Such 
amendment shall become part of the constitution if approved, in the case 
of a legislative amendment, by a majority of the voters voting thereon, or 
if approved, in the case of an initiative amendment or a legislative 
substitute, by voters equal in number to at least thirty per cent of the total 
number of ballots cast at such state election and also by a majority of the 
voters voting on such amendment, 

V. Legislative Action on Proposed Laws. 

[Section 1. Legislative Procedure. — If an initiative petition for 
a law is introduced into the general court, signed by not less than twenty 
thousand qualified voters, a vote shall be taken by yeas and nays in both 
houses before the first Wednesday of June upon the enactment of such 
law in the form in which it stands in such petition. If the general court 
fails to enact such law before the first Wednesday of June, and if such 
petition is completed by filing with the secretary of the commonwealth, 
not earlier than the first Wednesday of the following July nor later than 
the first Wednesday of the following August, not less than five thousand 
signatures of qualified voters, in addition to those signing such initiative 
petition, which signatures must have been obtained after the first 
Wednesday of June aforesaid, then the secretary of the commonwealth 
shall submit such proposed law to the people at the next state election. 
If it shall be approved by voters equal in number to at least thirty 
per cent of the total number of ballots cast at such state election and also 
by a majority of the voters voting on such law, it shall become law, and 
shall take effect in thirty days after such state election or at such time 
after such election as may be provided in such law.] [Section 1 super- 
seded by section 2 of Amendments, Art. LXXXI.] 



Constitution of Massachusetts — Amendments. 1 07 



[Section 2. Amendment by Petitioners. — If the general court fails to 
pass a proposed law before the first Wednesday of June, a majority of the 
first ten signers of the initiative petition therefor shall have the right, 
subject to certification by the attorney-general filed as hereinafter 
provided, to amend the measure which is the subject of such petition. An 
amendment so made shall not invalidate any signature attached to the 
petition. If the measure so amended, signed by a majority of the first ten 
signers, is filed with the secretary of the commonwealth before the first 
Wednesday of the following July, together with a certificate signed by 
the attorney-general to the effect that the amendment made by such 
proposers is in his opinion perfecting in its nature and does not materially 
change the substance of the measure, and if such petition is completed by 
filing with the secretary of the commonwealth, not earlier than the first 
Wednesday of the following July nor later than the first Wednesday of 
the following August, not less than five thousand signatures of qualified 
voters, in addition to those signing such initiative petition, which 
signatures must have been obtained after the first Wednesday of June 
aforesaid, then the secretary of the commonwealth shall submit the 
measure to the people in its amended form.] [Section 2 superseded by 
section 3 of Amendments, Art. LXXXI.] 

VI . Conflicting and Alternative Measures. 

If in any judicial proceeding, provisions of constitutional amendments 
or of laws approved by the people at the same election are held to be in 
conflict, then the provisions contained in the measure that received the 
largest number of affirmative votes at such election shall govern. 

A constitutional amendment approved at any election shall govern 
any law approved at the same election. 

The general court, by resolution passed as hereinbefore set forth, may 
provide for grouping and designating upon the ballot as conflicting 
measures or as alternative measures, only one of which is to be adopted, 
any two or more proposed constitutional amendments or laws which 
have been or may be passed or qualified for submission to the people at 
any one election; provided, that a proposed constitutional amendment 
and a proposed law shall not be so grouped, and that the ballot shall 
afford an opportunity to the voter to vote for each of the measures or for 
only one of the measures, as may be provided in said resolution, or 
against each of the measures so grouped as conflicting or as alternative. 
In case more than one of the measures so grouped shall receive the vote 
required for its approval as herein provided, only that one for which the 
largest affirmative vote was cast shall be deemed to be approved. 



108 Constitution of Massachusetts — Amendments. 



The Referendum. 

/. When Statutes shall take Effect. 

No law passed by the general court shall take effect earlier than 
ninety days after it has become a law, excepting laws declared to be 
emergency laws and laws which may not be made the subject of a 
referendum petition, as herein provided. 

//. Emergency Measures. 

A law declared to be an emergency law shall contain a preamble 
setting forth the facts constituting the emergency, and shall contain the 
statement that such law is necessary for the immediate preservation of 
the public peace, health, safety or convenience. [A separate vote shall be 
taken on the preamble by call of the yeas and nays, which shall be 
recorded, and unless the preamble is adopted by two-thirds of the 
members of each house voting thereon, the law shall not be an 
emergency law; but] if the governor, at any time before the election at 
which it is to be submitted to the people on referendum, files with the 
secretary of the commonwealth a statement declaring that in his opinion 
the immediate preservation of the public peace, health, safety or 
convenience requires that such law should take effect forthwith and that 
it is an emergency law and setting forth the facts constituting the 
emergency, then such law, if not previously suspended as hereinafter 
provided, shall take effect without suspension, or if such law has been so 
suspended such suspension shall thereupon terminate and such law shall 
thereupon take effect: but no grant of any franchise or amendment 
thereof, or renewal or extension thereof for more than one year shall be 
declared to be an emergency law. [See Amendments, Art. LXVII.] 

///. Referendum Petitions. 

Section 1. Contents. — A referendum petition may ask for a 
referendum to the people upon any law enacted by the general court 
which is not herein expressly excluded. 

Section 2. Excluded Matters. — No law that relates to religion, 
religious practices or religious institutions; or to the appointment, 
qualification, tenure, removal or compensation of judges; or to the 
powers, creation or abolition of courts; or the operation of which is 
restricted to a particular town, city or other political division or to 
particular districts or localities of the commonwealth; or that appro- 



Constitution of Massachusetts — Amendments. 1 09 



priates money for the current or ordinary expenses of the commonwealth 
or for any of its departments, boards, commissions or institutions shall be 
the subject of a referendum petition. 

Section 3. Mode of Petitioning for the Suspension of a Law and a 
Referendum thereon. — A petition asking for a referendum on a law, and 
requesting that the operation of such law be suspended, shall first be 
signed by ten qualified voters and shall then be filed with the secretary 
of the commonwealth not later than thirty days after the law that is the 
subject of the petition has become law. [The secretary of the common- 
wealth shall provide blanks for the use of subsequent signers, and shall 
print at the top of each blank a description of the proposed law as such 
description will appear on the ballot together with the names and 
residences of the first ten signers. If such petition is completed by filing 
with the secretary of the commonwealth not later than ninety days after 
the law which is the subject of the petition has become law the signatures 
of not less than fifteen thousand qualified voters of the commonwealth, 
then the operation of such law shall be suspended, and the secretary of 
the commonwealth shall submit such law to the people at the next state 
election, if thirty days intervene between the date when such petition is 
filed with the secretary of the commonwealth and the date for holding 
such state election; if thirty days do not so intervene, then such law shall 
be submitted to the people at the next following state election, unless in 
the meantime it shall have been repealed; and if it shall be approved by a 
majority of the qualified voters voting thereon, such law shall, subject to 
the provisions of the constitution, take effect in thirty days after such 
election, or at such time after such election as may be provided in such 
law; if not so approved such law shall be null and void; but no such law 
shall be held to be disapproved if the negative vote is less than thirty per 
cent of the total number of ballots cast at such state election.] [Section 3 
amended by section 2 of Amendments, Art. LXXIV and section 4 of 
Amendments, Art. LXXXI.] 

Section 4. Petitions for Referendum on an Emergency Law or a Law 
the Suspension of which is not asked for. — A referendum petition may 
ask for the repeal of an emergency law or of a law which takes effect 
because the referendum petition does not contain a request for suspension, 
as aforesaid. Such petition shall first be signed by ten qualified voters of 
the commonwealth, and shall then be filed with the secretary of the 
commonwealth not later than thirty days after the law which is the 
subject of the petition has become law. [The secretary of the common- 
wealth shall provide blanks for the use of subsequent signers, and shall 
print at the top of each blank a description of the proposed law as such 



1 1 Constitution of Massachusetts — Amendments. 



description will appear on the ballot together with the names and 
residences of the first ten signers. If such petition filed as aforesaid is 
completed by filing with the secretary of the commonwealth not later 
than ninety days after the law which is the subject of the petition has 
become law the signatures of not less than ten thousand qualified voters 
of the commonwealth protesting against such law and asking for a 
referendum thereon, then the secretary of the commonwealth shall 
submit such law to the people at the next state election, if thirty days 
intervene between the date when such petition is filed with the secretary 
of the commonwealth and the date for holding such state election. 
If thirty days do not so intervene, then it shall be submitted to the people 
at the next following state election, unless in the meantime it shall have 
been repealed; and if it shall not be approved by a majority of the 
qualified voters voting thereon, it shall, at the expiration of thirty days 
after such election, be thereby repealed; but no such law shall be held to 
be disapproved if the negative vote is less than thirty per cent of the total 
number of ballots cast at such state election.] [Section 4 superseded by 
section 3 of Amendments, Art. LXXIV and section 5 of Amendments, 
Art. LXXXI.] 

General Provisions. 

/. Identification and Certification of Signatures. 

Provision shall be made by law for the proper identification and 
certification of signatures to the petitions hereinbefore referred to, and for 
penalties for signing any such petition, or refusing to sign it, for money or 
other valuable consideration, and for the forgery of signatures thereto. 
Pending the passage of such legislation all provisions of law relating to the 
identification and certification of signatures to petitions for the nomination 
of candidates for state offices or to penalties for the forgery of such 
signatures shall apply to the signatures to the petitions herein referred to. 
The general court may provide by law that no co-partnership or corporation 
shall undertake for hire or reward to circulate petitions, may require 
individuals who circulate petitions for hire or reward to be licensed, and 
may make other reasonable regulations to prevent abuses arising from the 
circulation of petitions for hire or reward. 

//. Limitation on Signatures. 

Not more than one-fourth of the certified signatures on any petition 
shall be those of registered voters of any one county. 



Constitution of Massachusetts — Amendments. 1 1 1 



[///. Form of Ballot. 

Each proposed amendment to the constitution, and each law sub- 
mitted to the people, shall be described on the ballots by a description to 
be determined by the attorney-general subject to such provision as may 
be made by law, and the secretary of the commonwealth shall give each 
question a number and cause such question, except as otherwise authorized 
herein, to be printed on the ballot in the following form: — 

In the case of an amendment to the constitution: Shall an amendment 
to the constitution (here insert description, and state, in 
distinctive type, whether approved or disapproved by the 
general court, and by what vote thereon) be approved? 

In the case of a law: Shall a law (here insert descrip- 
tion, and state, in distinctive type, whether approved or 
disapproved by the general court, and by what vote 
thereon) be approved? 

IV. Information for Voters. 

The secretary of the commonwealth shall cause to be printed and sent 
to each registered voter in the commonwealth the full text of every 
measure to be submitted to the people, together with a copy of the 
legislative committee's majority and minority reports, if there be such, 
with the names of the majority and minority members thereon, a state- 
ment of the votes of the general court on the measure, and a description 
of the measure as such description will appear on the ballot; and shall, in 
such manner as may be provided by law, cause to be prepared and sent to 
the voters other information and arguments for and against the measure.] 
[Subheading III superseded by section 4 of Amendments, Art. LXXIV.] 
[Subheading IV superseded by section 4, Amendments, Art. LXXIV and 
amended by Amendments, Art. CVIII.] 

V. The Veto Power of the Governor. 

The veto power of the governor shall not extend to measures approved 
by the people. 

VI. The General Court 's Power of Repeal. 

Subject to the veto power of the governor and to the right of referendum 
by petition as herein provided, the general court may amend or repeal a law 
approved by the people. 



YES. 




NO. 





YES. 




NO. 





1 1 2 Constitution of Massachusetts — Amendments. 



VII. Amendment declared to be Self -executing. 

This article of amendment to the constitution is self-executing, but 
legislation not inconsistent with anything herein contained may be 
enacted to facilitate the operation of its provisions. 

VIII. Articles IX and XLII of Amendments of the 

Constitution annulled. 

Article IX and Article XLII of the amendments of the constitution are 
hereby annulled. 

Art. XLIX. The conservation, development and utilization of the 
agricultural, mineral, forest, water and other natural resources of the 
commonwealth are public uses, and the general court shall have power to 
provide for the taking, upon payment of just compensation therefor, of 
lands and easements or interests therein, including water and mineral 
rights, for the purpose of securing and promoting the proper conservation, 
development, utilization and control thereof and to enact legislation 
necessary or expedient therefor. [Annulled and superseded by Amend- 
ments, Art. XCVII.] 

Art. L. Advertising on public ways, in public places and on private 
property within public view may be regulated and restricted by law. 

Art. LI. The preservation and maintenance of ancient landmarks and 
other property of historical or antiquarian interest is a public use, and the 
commonwealth and the cities and towns therein may, upon payment of 
just compensation, take such property or any interest therein under such 
regulations as the general court may prescribe. 

Art. LII. The general court, by concurrent vote of the two houses, 
may take a recess or recesses amounting to not more than thirty days; but 
no such recess shall extend beyond the sixtieth day from the date of their 
first assembling. [Annulled and superseded by Amendments, Art. CIL] 

Art. LIII. Article X of Section I of Chapter II of the constitution, the 
last two paragraphs of Article IV of the articles of amendment, relating 
to the appointment of a commissary general and the removal of militia 
officers, and Article V of the articles of amendment are hereby annulled, 
and the following is adopted in place thereof: — 



Constitution of Massachusetts — Amendments. 1 1 3 



Article X. All military and naval officers shall be selected and 
appointed and may be removed in such manner as the general court may 
by law prescribe, but no such officer shall be appointed unless he shall 
have passed an examination prepared by a competent commission or 
shall have served one year in either the federal or state militia or in 
military service. All such officers who are entitled by law to receive 
commissions shall be commissioned by the governor. 

Art. LIV. Article VII of Section I of Chapter II of the constitution is 
hereby annulled and the following is adopted in place thereof: — 

Article VII. The general court shall provide by law for the recruitment, 
equipment, organization, training and discipline of the military and naval 
forces. The governor shall be the commander-in-chief thereof, and shall 
have power to assemble the whole or any part of them for training, 
instruction or parade, and to employ them for the suppression of rebellion, 
the repelling of invasion, and the enforcement of the laws. He may, as 
authorized by the general court, prescribe from time to time the 
organization of the military and naval forces and make regulations for their 
government. 

Art. LV. Article VI of Section 111 of Chapter 11 of the constitution is 
hereby annulled and the following is adopted in place thereof — 

Whenever the offices of governor and lieutenant-governor shall both be 
vacant, by reason of death, absence from the commonwealth, or otherwise, 
then one of the following officers, in the order of succession herein named, 
namely, the secretary, attorney-general, treasurer and receiver-general, and 
auditor, shall, during such vacancy, have full power and authority to do 
and execute all and every such acts, matters and things as the governor or 
the lieutenant-governor might or could lawfully do or execute, if they, 
or either of them, were personally present. 

Art. LVI. The governor, within five days after any bill or resolve shall 
have been laid before him, shall have the right to return it to the branch of 
the general court in which it originated with a recommendation that any 
amendment or amendments specified by him be made therein. Such bill or 
resolve shall thereupon be before the general court and subject to 
amendments and re-enactment. If such bill or resolve is re-enacted in 
any form it shall again be laid before the governor for his action, but 
he shall have no right to return the same a second time with a recom- 
mendation to amend. [Annulled and superseded by Amendments, 
Art. XC, Sect. 3.] 



114 Constitution of Massachusetts — Amendments. 



Art. LVII, Article IV of the articles of amendment of the constitution 
of the commonwealth is hereby amended by adding thereto the following 
words: — Women shall be eligible to appointment as notaries public. — 
[Change of name shall render the commission void, but shall not prevent 
reappointment under the new name.] [See Amendments, Art. LXIX.] 

Art. LVIII. Article I of Chapter III of Part the Second of the consti- 
tution is hereby amended by the addition of the following words: — and 
provided also that the governor, with the consent of the council, may 
after due notice and hearing retire them because of advanced age or 
mental or physical disability. Such retirement shall be subject to any 
provisions made by law as to pensions or allowances payable to such 
officers upon their voluntary retirement. [Annulled and superseded by 
Amendments, Art. XCVIII.] 

Art. LIX. Every charter, franchise or act of incorporation shall forever 
remain subject to revocation and amendment. 

Art. LX. The general court shall have power to limit buildings accord- 
ing to their use or construction to specified districts of cities and towns. 

Art. LXI. The general court shall have authority to provide for com- 
pulsory voting at elections, but the right of secret voting shall be preserved. 

Art. LXII. Section 1. The credit of the commonwealth shall not in 
any manner be given or loaned to or in aid of any individual, or of any 
private association, or of any corporation which is privately owned and 
managed. [Superseded by Art. LXXXIV.] 

Section 2. The commonwealth may borrow money to repel invasion, 
suppress insurrection, defend the commonwealth, or to assist the United 
States in case of war, and may also borrow money in anticipation of 
receipts from taxes or other sources, such loan to be paid out of the 
revenue of the year in which it is created. 

Section 3. In addition to the loans which may be contracted as 
before provided, the commonwealth may borrow money only by a vote, 
taken by the yeas and nays, of two-thirds of each house of the general 
court present and voting thereon. The governor shall recommend to the 
general court the term for which any loan shall be contracted. 

Section 4. Borrowed money shall not be expended for any other 
purpose than that for which it was borrowed or for the reduction or 
discharge of the principal of the loan. 



Constitution of Massachusetts — Amendments. 1 1 5 



Art. LXIII. Section 1. Collection of Revenue. — All money 
received on account of the commonwealth from any source whatsoever 
shall be paid into the treasury thereof. 

Section 2. The Budget. — Within three weeks after the convening of 
the general court the governor shall recommend to the general court a 
budget which shall contain a statement of all proposed expenditures of 
the commonwealth for the fiscal year, including those already authorized 
by law, and of all taxes, revenues, loans and other means by which such 
expenditures shall be defrayed. This shall be arranged in such form as 
the general court may by law prescribe, or, in default thereof, as the 
governor shall determine. For the purpose of preparing his budget, the 
governor shall have power to require any board, commission, officer or 
department to furnish him with any information which he may deem 
necessary. [See Amendments. Arts. LXXII and LXXV.] [Annulled and 
superseded by Amendments, Art. CVIl.] 

Section 3. The General Appropriation Bill. — All appropriations 
based upon the budget to be paid from taxes or revenues shall be incor- 
porated in a single bill which shall be called the general appropriation 
bill. The general court may increase, decrease, add or omit items in the 
budget. The general court may provide for its salaries, mileage, and 
expenses and for necessary expenditures in anticipation of appro- 
priations, but before final action on the general appropriation bill it shall 
not enact any other appropriation bill except on recommendation of the 
governor. The governor may at any time recommend to the general court 
supplem.entary budgets which shall be subject to the same procedure as 
the original budget. 

Section 4. Special Appropriation Bills. — After final action on 
the general appropriation bill or on recommendation of the governor, 
special appropriation bills may be enacted. Such bills shall provide the 
specific means for defraying the appropriations therein contained. 

Section 5. [Submission to the Governor. — The governor may 
disapprove or reduce items or parts of items in any bill appropriating 
money. So much of such bill as he approves shall upon his signing the same 
become law. As to each item disapproved or reduced, he shall transmit to 
the house in which the bill originated his reason for such disapproval or 
reduction, and the procedure shall then be the same as in the case of a bill 
disapproved as a whole. In case he shall fail so to transmit his reasons for 
such disapproval or reduction within five days after the bill shall have been 
presented to him, such items shall have the force of law unless the general 



1 1 6 Constitution of Massachusetts — Amendments. 



court by adjournment shall prevent such transmission, in which case they 
shall not be law.] [See Amendments, Art. XC, sect. 4.] 

Art. LXIV. [Section 1 . The governor, lieutenant-governor, councillors, 
secretary, treasurer and receiver-general, attorney-general, auditor, 
senators and representatives, shall be elected biennially. The governor, 
lieutenant-governor and councillors shall hold their respective offices 
from the first Wednesday in January succeeding their election to and 
including the first Wednesday in January in the third year following their 
election and until their successors are chosen and qualified. The terms of 
senators and representatives shall begin with the first Wednesday in 
January succeeding their election and shall extend to the first Wednesday 
in January in the third year following their election and until their 
successors are chosen and qualified. The terms of the secretary, treasurer 
and receiver-general, attorney-general and auditor, shall begin with the 
third Wednesday in January succeeding their election and shall extend to 
the third Wednesday in January in the third year following their election 
and until their successors are chosen and qualified.] [Section 1 super- 
seded by Amendments, Art. LXXX.] 

[Section 2. No person shall be eligible to election to the office of 
treasurer and receiver-general for more than three successive terms. 

Section 3. The general court shall assemble every year on the first 
Wednesday in January. [See Amendments, Arts. LXXII and LXXV.] 

Section 4. The first election to which this article shall apply shall be 
held on the Tuesday next after the first Monday in November in the year 
nineteen hundred and twenty, and thereafter elections for the choice of 
all the officers beforementioned shall be held biennially on the Tuesday 
next after the first Monday in November.] [Annulled and superseded by 
Art. LXXXIL] 

Art. LXV. No person elected to the general court shall during the 
term for which he was elected be appointed to any office created or the 
emoluments whereof are increased during such term, nor receive 
additional salary or compensation for service upon any recess committee 
or commission except a committee appointed to examine a general 
revision of the statutes of the commonwealth when submitted to the 
general court for adoption. 

Art. LXVl. On or before January first, nineteen hundred twenty-one, 
the executive and administrative work of the commonwealth shall be 



Constitution of Massachusetts — Amendments. 1 1 7 



organized in not more than twenty departments, in one of which every 
executive and administrative office, board and commission, except those 
officers serving directly under the governor or the council, shall be 
placed. Such departments shall be under such supervision and regulation 
as the general court may from time to time prescribe by law. [Annulled 
by Amendments, Art. LXXXVII.] 

Art. LXVII. Article XLVIII of the Amendments to the Constitution is 
hereby amended by striking out, in that part entitled "II Emergency 
Measures ", under the heading "The Referendum", the words "A separate 
vote shall be taken on the preamble by call of the yeas and nays, which 
shall be recorded, and unless the preamble is adopted by two-thirds of 
the members of each House voting thereon, the law shall not be an 
emergency law; but" and substituting the following: — A separate vote, 
which shall be recorded, shall be taken on the preamble, and unless the 
preamble is adopted by two-thirds of the members of each House voting 
thereon, the law shall not be an emergency law. Upon the request of two 
members of the Senate or of five members of the House of 
Representatives, the vote on the preamble in such branch shall be taken 
by call of the yeas and nays. But 

Art. LXVIII. Article III of the amendments to the constitution, as 
amended, is hereby further amended by striking out, in the first line, the 
word "male". 

Art. LXIX. Section 1. No person shall be deemed to be ineligible to 
hold state, county or municipal office by reason of sex. 

Section 2. Article IV of the articles of amendment of the constitution 
of the commonwealth, as amended by Article LVII of said amendments, 
is hereby further amended by striking out the words "Change of name 
shall render the commission void, but shall not prevent reappointment 
under the new name", and inserting in place thereof the following 
words: — Upon the change of name of any woman, she shall re-register 
under her new name and shall pay such fee therefor as shall be 
established by the general court. 

Art. LXX. Article II of the articles of amendment to the constitution 
of the commonwealth is hereby amended by adding at the end thereof the 
following new paragraph: — 

Nothing in this article shall prevent the General Court from establishing 
in any corporate town or towns in this commonwealth containing more than 
six thousand inhabitants a form of town government providing for a town 



1 1 8 Constitution of Massachusetts — Amendments. 



meeting limited to such inhabitants of the town as may be elected to meet, 
deliberate, act and vote in the exercise of the corporate powers of the town 
subject to such restrictions and regulations as the General Court may 
prescribe; provided, that such establishment be with the consent, and on the 
application of a majority of the inhabitants of such town, present and voting 
thereon, pursuant to a vote at a meeting duly warned and holden for that 
purpose. [Annulled by Amendments, Art. LXXXIX.] 

Art. LXXI. Article XXI of the articles of amendment is hereby 
annulled and the following is adopted in place thereof: 

Article XXI. In the year nineteen hundred and thirty-five and 
every tenth year thereafter a census of the inhabitants of each city and 
town shall be taken and a special enumeration shall be made of the legal 
voters therein. Said special enumeration shall also specify the number of 
legal voters residing in each precinct of each town containing twelve 
thousand or more inhabitants according to said census and in each ward 
of each city. Each special enumeration shall be the basis for determining 
the representative districts for the ten year period beginning with the first 
Wednesday in the fourth January following said special enumeration; 
provided, that such districts as established in the year nineteen hundred 
and twenty-six shall continue in effect until the first Wednesday in 
January in the year nineteen hundred and thirty-nine. 

The house of representatives shall consist of two hundred and forty 
members, which shall be apportioned by the general court, at its first 
regular session after the return of each special enumeration, to the 
several counties of the commonwealth equally, as nearly as may be, 
according to their relative numbers of legal voters, as ascertained by said 
special enumeration; and the town of Cohasset, in the county of Norfolk, 
shall, for this purpose, as well as in the formation of districts as 
hereinafter provided, be considered a part of the county of Plymouth; and 
it shall be the duty of the secretary of the commonwealth to certify, as 
soon as may be after it is determined by the general court, the number of 
representatives to which each county shall be entitled, to the board 
authorized to divide such county into representative districts. The county 
commissioners or other body acting as such or, in lieu thereof, such 
board of special commissioners in each county as may for that purpose 
be provided by law, shall, within thirty days after such certification by 
the secretary of the commonwealth or within such other period as the 
general court may by law provide, assemble at a shire town of their 
respective counties, and proceed, as soon as may be, to divide the same 
into representative districts of contiguous territory and assign represen- 
tatives thereto, so that each representative in such county will represent 



Constitution of Massachusetts — Amendments. 119 



an equal number of legal voters, as nearly as may be; and such districts 
shall be so formed that no town containing less than twelve thousand 
inhabitants according to said census, no precinct of any other town and 
no ward of a city shall be divided therefor, nor shall any district be made 
which shall be entitled to elect more than three representatives. The 
general court may by law limit the time within which judicial proceed- 
ings may be instituted calling in question any such apportionment, 
division or assignment. Every representative, for one year at least 
immediately preceding his election, shall have been an inhabitant of the 
district for which he is chosen, and shall cease to represent such district 
when he shall cease to be an inhabitant of the commonwealth. The 
districts in each county shall be numbered by the board creating the 
same, and a description of each, with the numbers thereof and 
the number of legal voters therein, shall be returned by the board, to the 
secretary of the commonwealth, the county treasurer of such county, and 
to the clerk of every city or town in such county, to be filed and kept in 
their respective offices. The manner of calling and conducting the 
elections for the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. 

Article XXII of the articles of amendment is hereby annulled and the 
following is adopted in place thereof: 

Article XXII. Each special enumeration of legal voters required in the 
preceding article of amendment shall likewise be the basis for deter- 
mining the senatorial districts and also the councillor districts for the ten 
year period beginning with the first Wednesday in the fourth January 
following such enumeration; provided, that such districts as established 
in the year nineteen hundred and twenty-six shall continue in effect until 
the first Wednesday in January in the year nineteen hundred and thirty- 
nine. The senate shall consist of forty members. The general court shall, 
at its first regular session after the return of each special enumeration, 
divide the commonwealth into forty districts of contiguous territory each 
district to contain, as nearly as may be, an equal number of legal voters, 
according to said special enumeration; provided, however, that no town 
or ward of a city shall be divided therefore; and such districts shall be 
formed, as nearly as may be, without uniting two counties, or parts of 
two or more counties, into one district. The general court may by law 
limit the time within which judicial proceedings may be instituted calling 
in question such division. Each district shall elect one senator, who shall 
have been an inhabitant of this commonwealth five years at least 
immediately preceding his election, and at the time of his election shall 
be an inhabitant of the district for which he is chosen; and he shall cease 



120 Constitution of Massachusetts — Amendments. 



to represent such senatorial district when he shall cease to be an inhabi- 
tant of the commonwealth. [Superseded by Amendments, Arts. XCII, CI, 
CIX, CXVII and CXIX.] 

Art. LXXII. [Section 1. The general court shall assemble in regular 
session on the first Wednesday of January in the year following the 
approval of this article and biennially on said Wednesday thereafter. 
Nothing herein contained shall prevent the general court from assem- 
bling at such other times as they shall judge necessary or when called 
together by the governor. 

Section 2. The budget required by section two of Article LXIII of the 
amendments to the constitution shall be for the year in which the same is 
adopted and for the ensuing year. 

Section 3. All provisions of this constitution and of the amendments 
thereto requiring the general court to meet annually are hereby annulled.] 
[Annulled by Amendments, Art. LXXV.] 

Art. LXXIII. Article VIII of section I of chapter II of Part the Second 
of the constitution of the commonwealth is hereby annulled and the 
following is adopted in place thereof: — 

Article VIII. The power of pardoning offenses, except such as 
persons may be convicted of before the senate by an impeachment of the 
house, shall be in the governor, by and with the advice of council, 
provided, that if the offence is a felony the general court shall have the 
power to prescribe the terms and conditions upon which a pardon may be 
granted, but no charter of pardon, granted by the governor, with advice 
of the council before conviction, shall avail the party pleading the same, 
notwithstanding any general or particular expressions contained therein, 
descriptive of the offence or offenses intended to be pardoned. 

Art. LXXIV. Section 1. Article XL VIII of the amendments to the 
constitution is hereby amended by striking out section three, under the 
heading "The Initiative. //. Initiative Petitions.", and inserting in place 
thereof the following: — 

Section 3. Mode of Originating. — Such petition shall first be 
signed by ten qualified voters of the commonwealth and shall be 
submitted to the attorney-general not later than the first Wednesday of 
the August before the assembling of the general court into which it is to 
be introduced, and if he shall certify that the measure and the title thereof 
are in proper form for submission to the people, and that the measure is 



Constitution of Massachusetts — Amendments. 1 2 1 



not, either affirmatively or negatively, substantially the same as any 
measure which has been qualified for submission or submitted to the 
people at either of the two preceding biennial state elections, and that it 
contains only subjects not excluded from the popular initiative and which 
are related or which are mutually dependent, it may then be filed with the 
secretary of the commonwealth. The secretary of the commonwealth 
shall provide blanks for the use of subsequent signers, and shall print at 
the top of each blank a fair, concise summary, as determined by the 
attorney-general, of the proposed measure as such summary will appear 
on the ballot together with the names and residences of the first ten 
signers. All initiative petitions, with the first ten signatures attached, 
shall be filed with the secretary of the commonwealth not earlier than the 
first Wednesday of the September before the assembling of the general 
court into which they are to be introduced, and the remainder of the 
required signatures shall be filed not later than the first Wednesday of 
the following December. 

Section 2. Section three of that part of said Article XLVIII, under 
the heading "The Referendum. ///. Referendum Petitions. ", is hereby 
amended by striking out the words "The secretary of the commonwealth 
shall provide blanks for the use of subsequent signers, and shall print at 
the top of each blank a description of the proposed law as such descrip- 
tion will appear on the ballot together with the names and residences of 
the first ten signers.", and inserting in place thereof the words "The 
secretary of the commonwealth shall provide blanks for the use of 
subsequent signers, and shall print at the top of each blank a fair, concise 
summary of the proposed law as such summary will appear on the ballot 
together with the names and residences of the first ten signers." 

Section 3. Section four of that part of said Article XLVIII, under the 
heading "The Referendum. ///. Referendum Petitions. ", is hereby 
amended by striking out the words "The secretary of the commonwealth 
shall provide blanks for the use of subsequent signers, and shall print at 
the top of each blank a description of the proposed law as such descrip- 
tion will appear on the ballot together with the names and residences of 
the first ten signers.", and inserting in place thereof the words "The 
secretary of the commonwealth shall provide blanks for the use of 
subsequent signers, and shall print at the top of each blank a fair, concise 
summary of the proposed law as such summary will appear on the ballot 
together with the names and residences of the first ten signers." 

Section 4. Said Article XLVIII is hereby further amended by 
striking out, under the heading "General Provisions", all of subheading 



122 Constitution of Massachusetts — Amendments. 



''III. Form of Ballot'' and all of subheading '7F. Information for 
Voters^, and inserting in place thereof the following: — 

///. Form of Ballot. 

A fair, concise summary, as determined by the attorney-general, 
subject to such provision as may be made by law, of each proposed 
amendment to the constitution, and each law submitted to the people, 
shall be printed on the ballot, and the secretary of the commonwealth 
shall give each question a number and cause such question, except as 
otherwise authorized herein, to be printed on the ballot in the following 
form: — 

In the case of an amendment to the constitution: Do 
you approve of the adoption of an amendment to the 
constitution summarized below, (here state, in dis- 
tinctive type, whether approved or disapproved by the 
general court, and by what vote thereon)? 

(Set forth summary here) 

In the case of a law: Do you approve of a law sum- 
marized below, (here state, in distinctive type, whether 
approved or disapproved by the general court, and by 
what vote thereon)? 

(Set forth summary here) 

[IV. Information for Voters. 

The secretary of the commonwealth shall cause to be printed and sent 
to each registered voter in the commonwealth the full text of every 
measure to be submitted to the people, together with a copy of the 
legislative committee's majority and minority reports, if there be such, 
with the names of the majority and minority members thereon, a 
statement of the votes of the general court on the measure, and a fair, 
concise summary of the measure as such summary will appear on the 
ballot; and shall, in such manner as may be provided by law, cause to be 
prepared and sent to the voters other information and arguments for and 
against the measure. [See Amendments, Art. CVIII.] 

Art. LXXV, Article LXXII of the amendments to the constitution 
providing for biennial sessions of the general court and a biennial budget 



YES. 




NO. 





YES. 




NO. 





Constitution of Massachusetts — Amendments. 123 



is hereby annulled, and all provisions of this constitution and of the 
amendments thereto which were annulled or affected by said Article 
shall have the same force and effect as though said Article had not been 
adopted. 

Art. LXXVI. Article XLV of the articles of amendment is hereby 
annulled and the following is adopted in place thereof: — 

Article XLV. The general court shall have power to provide by law 
for voting, in the choice of any officer to be elected or upon any question 
submitted at an election, by qualified voters of the commonwealth who, 
at the time of such an election, are absent from the city or town of which 
they are inhabitants or are unable by reason of physical disability to cast 
their votes in person at the polling places. [Annulled and superseded by 
Amendments, Art. CV.] 

Art. LXXVII. Article XVI of Part the First is hereby annulled and the 
following is adopted in place thereof: — 

Article XVI. The liberty of the press is essential to the security of 
freedom in a state: it ought not, therefore, to be restrained in this 
commonwealth. The right of free speech shall not be abridged. 

Art. LXXVIII. No revenue from fees, duties, excises or license taxes 
relating to registration, operation or use of vehicles on public highways, 
or to fuels used for propelling such vehicles, shall be expended for other 
than cost of administration of laws providing for such revenue, making 
of refunds and adjustments in relation thereto, payment of highway 
obligations, or cost of construction, reconstruction, maintenance and 
repair of public highways and bridges of the enforcement of state traffic 
laws; and such revenue shall be expended by the commonwealth or its 
counties, cities and towns for said highway purposes only and in such 
manner as the general court may direct; provided, that this amendment 
shall not apply to revenue from any excise tax imposed in lieu of local 
property taxes for the privilege of registering such vehicles. [Annulled 
and superseded by Amendments, Art. CIV.] 

Art. LXXIX. Article XVII of the Amendments of the Constitution, as 
amended, is hereby further amended by striking out, in the third 
sentence, the words "two persons who had the highest number of votes 
for said offices on the day in November aforesaid" and inserting in place 
thereof the words: — people at large — so that said sentence will read as 
follows: — In case of a failure to elect either of said officers on the day 



1 24 Constitution of Massachusetts — Amendments. 



in November aforesaid, or in case of the decease, in the meantime, of the 
person elected as such, such officer shall be chosen on or before the third 
Wednesday in January next thereafter, from the people at large, by joint 
ballot of the senators and representatives, in one room; and in case the 
office of secretary, or treasurer and receiver-general, or auditor, or 
attorney-general, shall become vacant, from any cause during an annual 
or special session of the general court, such vacancy shall in like manner 
be filled by choice from the people at large; but if such vacancy shall 
occur at any other time, it shall be supplied by the governor by 
appointment, with the advice and consent of the council. 

Art. LXXX. [Article LXIV of the Amendments to the Constitution is 
hereby amended by striking out section 1 and inserting in place thereof 
the following section: — 

Section 1. The governor, lieutenant-governor, councillors, secretary, 
treasurer and receiver-general, attorney-general, auditor, senators and 
representatives shall be elected biennially. The terms of the governor, 
lieutenant-governor and councillors shall begin at noon on the Thursday 
next following the first Wednesday in January succeeding their election 
and shall end at noon on the Thursday next following the first 
Wednesday in January in the third year following their election. If the 
governor elect shall have died before the qualification of the lieutenant- 
governor elect, the lieutenant-governor elect upon qualification shall 
become governor. If both the governor elect and the lieutenant-governor 
elect shall have died both said offices shall be deemed to be vacant and 
the provisions of Article LV of the Amendments to the Constitution shall 
apply. The terms of senators and representatives shall begin with the first 
Wednesday in January succeeding their election and shall extend to the 
first Wednesday in January in the third year following their election and 
until their successors are chosen and qualified. The terms of the 
secretary, treasurer and receiver-general, attorney-general and auditor, 
shall begin with the third Wednesday in January succeeding their 
election and shall extend to the third Wednesday in January in the third 
year following their election and until their successors are chosen and 
qualified.] [Annulled and superseded by Art. LXXXII.] 

Art. LXXXI. Section 1. Article XLVIII of the Amendments to the 
Constitution is hereby amended by striking out section 2, under 
the heading "The Initiative. IV. Legislative Action on Proposed 
Constitutional Amendments.'', and inserting in place thereof the 
following: — 



Constitution of Massachusetts — Amendments. 1 25 



Section 2. Joint Session. — If a proposal for a specific amendment of 
the constitution is introduced into the general court by initiative petition 
signed in the aggregate by not less than such number of voters as will 
equal three per cent of the entire vote cast for governor at the preceding 
biennial state election, or if in case of a proposal for amendment intro- 
duced into the general court by a member of either house, consideration 
thereof in joint session is called for by vote of either house, such 
proposal shall, not later than the second Wednesday in May, be laid 
before a joint session of the two houses, at which the president of the 
senate shall preside; and if the two houses fail to agree upon a time for 
holding any joint session hereby required, or fail to continue the same 
from time to time until final action has been taken upon all amendments 
pending, the governor shall call such joint session or continuance 
thereof. 

Section 2. Section 1 of that part of said Article XLVIII, under the 
heading "The Initiative. V. Legislative Action on Proposed Laws. ", is 
hereby amended by striking out said section and inserting in place 
thereof the following: — 

Section 7. Legislative Procedure. — If an initiative petition for a law 
is introduced into the general court, signed in the aggregate by not less 
than such number of voters as will equal three per cent of the entire vote 
cast for governor at the preceding biennial state election, a vote shall be 
taken by yeas and nays in both houses before the first Wednesday of 
May upon the enactment of such law in the form in which it stands in 
such petition. If the general court fails to enact such law before the first 
Wednesday of May, and if such petition is completed by filing with the 
secretary of the commonwealth, not earlier than the first Wednesday of 
the following June nor later than the first Wednesday of the following 
July, a number of signatures of qualified voters equal in number to not 
less than one half of one per cent of the entire vote cast for governor at 
the preceding biennial state election, in addition to those signing such 
initiative petition, which signatures must have been obtained after the 
first Wednesday of May aforesaid, then the secretary of the common- 
wealth shall submit such proposed law to the people at the next state 
election. If it shall be approved by voters equal in number to at least 
thirty per cent of the total number of ballots cast at such state election 
and also by a majority of the voters voting on such law, it shall become 
law, and shall take effect in thirty days after such state election or at such 
time after such election as may be provided in such law. 



1 26 Constitution of Massachusetts — Amendments. 



Section 3. Section 2 of that part of said Article XLVIII, under the 
heading "The Initiative. V. Legislative Action on Proposed Laws. ", is 
hereby amended by striking out said section and inserting in place 
thereof the following: — 

Section 2. Amendment by Petitioners. — If the general court fails to 
pass a proposed law before the first Wednesday of May, a majority of the 
first ten signers of the initiative petition therefor shall have the right, 
subject to certification by the attorney-general filed as hereinafter 
provided, to amend the measure which is the subject of such petition. An 
amendment so made shall not invalidate any signature attached to the 
petition. If the measure so amended, signed by a majority of the first ten 
signers, is filed with the secretary of the commonwealth before the first 
Wednesday of the following June, together with a certificate signed by 
the attorney-general to the effect that the amendment made by such 
proposers is in his opinion perfecting in its nature and does not materi- 
ally change the substance of the measure, and if such petition is com- 
pleted by filing with the secretary of the commonwealth, not earlier than 
the first Wednesday of the following June nor later than the first 
Wednesday of the following July, a number of signatures of qualified 
voters equal in number to not less than one half of one per cent of the 
entire vote cast for governor at the preceding biennial state election in 
addition to those signing such initiative petition, which signatures must 
have been obtained after the first Wednesday of May aforesaid, then the 
secretary of the commonwealth shall submit the measure to the people in 
its amended form. 

Section 4. Section 3 of that part of said Article XLVIII, under the 
heading "The Referendum. ///. Referendum Petitions.'", is hereby 
amended by striking out the sentence "If such petition is completed by 
filing with the secretary of the commonwealth not later than ninety days 
after the law which is the subject of the petition has become law the 
signatures of not less than fifteen thousand qualified voters of the 
commonwealth, then the operation of such law shall be suspended, and 
the secretary of the commonwealth shall submit such law to the people at 
the next state election, if thirty days intervene between the date when 
such petition is filed with the secretary of the commonwealth and the 
date for holding such state election; if thirty days do not so intervene, 
then such law shall be submitted to the people at the next following state 
election, unless in the meantime it shall have been repealed; and if it 
shall be approved by a majority of the qualified voters voting thereon, 
such law shall, subject to the provisions of the constitution, take effect in 
thirty days after such election, or at such time after such election as may 



Constitution of Massachusetts — Amendments. 127 



be provided in such law; if not so approved such law shall be null and 
void; but no such law shall be held to be disapproved if the negative vote 
is less than thirty per cent of the total number of ballots cast at such state 
election." and inserting in place thereof the following sentence: — If 
such petition is completed by filing with the secretary of the common- 
wealth not later than ninety days after the law which is the subject of the 
petition has become law a number of signatures of qualified voters equal 
in number to not less than two per cent of the entire vote cast for 
governor at the preceding biennial state election, then the operation of 
such law shall be suspended, and the secretary of the commonwealth 
shall submit such law to the people at the next state election, if sixty 
days intervene between the date when such petition is filed with the 
secretary of the commonwealth and the date for holding such state 
election; if sixty days do not so intervene, then such law shall be 
submitted to the people at the next following state election, unless in the 
meantime it shall have been repealed; and if it shall be approved by a 
majority of the qualified voters voting thereon, such law shall, subject to 
the provisions of the constitution, take effect in thirty days after such 
election, or at such time after such election as may be provided in such 
law; if not so approved such law shall be null and void; but no such law 
shall be held to be disapproved if the negative vote is less than thirty per 
cent of the total number of ballots cast at such state election. 

Section 5. Section 4 of that part of said Article XLVIII, under the 
heading "The Referendum. ///. Referendum Petitions:\ is hereby 
amended by striking out the words "If such petition filed as aforesaid is 
completed by filing with the secretary of the commonwealth not later 
than ninety days after the law which is the subject of the petition has 
become law the signatures of not less than ten thousand qualified voters 
of the commonwealth protesting against such law and asking for a 
referendum thereon, then the secretary of the commonwealth shall 
submit such law to the people at the next state election, if thirty days 
intervene between the date when such petition is filed with the secretary 
of the commonwealth and the date for holding such state election. If 
thirty days do not so intervene, then it shall be submitted to the people at 
the next following state election, unless in the meantime it shall have 
been repealed; and if it shall not be approved by a majority of the 
qualified voters voting thereon, it shall, at the expiration of thirty days 
after such election, be thereby repealed; but no such law shall be held to 
be disapproved if the negative vote is less than thirty per cent of the total 
number of ballots cast at such state election." and inserting in place 
thereof the following: — If such petition filed as aforesaid is completed 
by filing with the secretary of the commonwealth not later than ninety 



1 28 Constitution of Massachusetts — Amendments. 



days after the law which is the subject of the petition has become law a 
number of signatures of qualified voters equal in number to not less than 
one and one half per cent of the entire vote cast for governor at the 
preceding biennial state election protesting against such law and asking 
for a referendum thereon, then the secretary of the commonwealth shall 
submit such law to the people at the next state election, if sixty days 
intervene between the date when such petition is filed with the secretary 
of the commonwealth and the date for holding such state election. 
If sixty days do not so intervene, then it shall be submitted to the people 
at the next following state election, unless in the meantime it shall have 
been repealed; and if it shall not be approved by a majority of the 
qualified voters voting thereon, it shall, at the expiration of thirty days 
after such election, be thereby repealed; but no such law shall be held to 
be disapproved if the negative vote is less than thirty per cent of the total 
number of ballots cast at such state election. 

Art. LXXXII. Article LXIV of the Amendments to the Constitution, 
as amended by Article LXXX of said Amendments, is hereby annulled, 
and the following is adopted in place thereof: — 

Article LXIV. Section 1. The governor, lieutenant-governor, secretary, 
treasurer and receiver-general, attorney-general, and auditor shall be 
elected quadrennially and councillors, senators and representatives shall 
be elected biennially. The terms of the governor and lieutenant-governor 
shall begin at noon on the Thursday next following the first Wednesday 
in January succeeding their election and shall end at noon on the 
Thursday next following the first Wednesday in January in the fifth year 
following their election. If the governor elect shall have died before the 
qualification of the lieutenant-governor elect, the lieutenant-governor 
elect upon qualification shall become governor. If both the governor 
elect and the lieutenant-governor elect shall have died both said offices 
shall be deemed to be vacant and the provisions of Article LV of the 
Amendments to the Constitution shall apply. The terms of the secretary, 
treasurer and receiver-general, attorney-general, and auditor shall begin 
with the third Wednesday in January succeeding their election and shall 
extend to the third Wednesday in January in the fifth year following their 
election and until their successors are chosen and qualified. The terms of 
the councillors shall begin at noon on the Thursday next following the 
first Wednesday in January succeeding their election and shall end at 
noon on the Thursday next following the first Wednesday in January in 
the third year following their election. The terms of senators and 
representatives shall begin with the first Wednesday in January succeed- 
ing their election and shall extend to the first Wednesday in January in 



Constitution of Massachusetts — Amendments. 1 29 



the third year following their election and until their successors are 
chosen and qualified. 

Section 2. The general court shall assemble every year on the first 
Wednesday in January. 

Section 3. The first election to which this article shall apply shall be 
held on the Tuesday next after the first Monday in November in the year 
nineteen hundred and sixty-six, and thereafter elections for the choice of 
a governor, lieutenant-governor, secretary, treasurer and receiver-general, 
attorney-general, and auditor shall be held quadrennially on the Tuesday 
next after the first Monday in November and elections for the choice of 
councillors, senators and representatives shall be held biennially on the 
Tuesday next after the first Monday in November. 

Art. LXXXIII. The general court shall have full power and authority 
to provide for prompt and temporary succession to the powers and duties 
of public offices, of whatever nature and whether filled by election or 
appointment, the incumbents of which may become unavailable for 
carrying on the powers and duties of such offices in periods of 
emergency resulting from disaster caused by enemy attack, and to adopt 
such other measures as may be necessary and proper for insuring 
continuity of the government of the commonwealth and the governments 
of its political subdivisions. 

Art. LXXXIV. Article LXII of the Amendments to the Constitution is 
hereby amended by striking out section 1 and inserting in place thereof 
the following section: — Section 1. The commonwealth may give, loan 
or pledge its credit only by a vote, taken by the yeas and nays, of two- 
thirds of each house of the general court present and voting thereon. The 
credit of the commonwealth shall not in any manner be given or loaned 
to or in aid of any individual, or of any private association, or of any 
corporation which is privately owned and managed. 

Art. LXXXV. Article II of Chapter III of the Constitution of the 
commonwealth is hereby annulled and the following is adopted in place 
thereof: — 

Article II. Each branch of the legislature, as well as the governor or 
the council, shall have authority to require the opinions of the justices of 
the supreme judicial court, upon important questions of law, and upon 
solemn occasions. 



130 Constitution of Massachusetts — Amendments. 



Art. LXXXVI. Names of candidates of political parties for the offices 
of governor and lieutenant-governor shall be grouped on the official 
ballot for use at state elections according to the parties they represent, 
and the voter may cast a single vote for any such group, which shall 
count as a vote for each candidate in such group, but may not cast a vote 
for only one of the candidates in such group. 

Art. LXXXVII. Section 1 . For the purpose of transferring, abolishing, 
consolidating or coordinating the whole or any part of any agency, or the 
functions thereof, within the executive department of the government of 
the commonwealth, or for the purpose of authorizing any officer of any 
agency within the executive department of the government of the 
commonwealth to delegate any of his functions, the governor may 
prepare one or more reorganization plans, each bearing an identifying 
number and may present such plan or plans to the general court, together 
with a message in explanation thereof 

Section 2. (a) Every such reorganization plan shall be referred to an 
appropriate committee, to be determined by the Clerks of the Senate and 
House of Representatives, with the approval of the President and 
Speaker, which committee shall not later than thirty days after the date of 
the Governor's presentation of said plan hold a public hearing thereon 
and shall not later than ten days after such hearing report that it approves 
or disapproves such plan and such reorganization plan shall have the 
force of law upon expiration of the sixty calendar days next following its 
presentation by the governor to the general court, unless disapproved by 
a majority vote of the members of either of the two branches of the 
general court present and voting, the general court not having been 
prorogued within such sixty days. 

(b) After its presentation by the governor to the general court, no 
such reorganization plan shall be subject to amendment by the general 
court before expiration of such sixty days. 

(c) Any such reorganization plan may provide for its taking effect on 
any date after expiration of such sixty days and every such reorganization 
plan shall comply with such conditions as the general court may from time 
to time prescribe by statute regarding the civil service status, seniority, 
retirement and other rights of any employee to be affected by such plan. 

Section 3. Article LXVI of the Amendments to the Constitution is 
hereby annulled. 

Art. LXXXVIII. The industrial development of cities and towns is a 
public ftinction and the commonwealth and the cities and towns therein 



Constitution of Massachusetts — Amendments. 131 



may provide for the same in such manner as the general court may 
determine. 

Art. LXXXIX. Article II of the Articles of Amendment to the 
Constitution of the Commonwealth, as amended by Article LXX of said 
Articles of Amendment, is hereby annulled and the following is adopted 
in place thereof: — 

Article II. Section I. Right of Local Self-Government. — It is the 
intention of this article to reaffirm the customary and traditional liberties 
of the people with respect to the conduct of their local government, and 
to grant and confirm to the people of every city and town the right of 
self-government in local matters, subject to the provisions of this article 
and to such standards and requirements as the general court may 
establish by law in accordance with the provisions of this article. 

Section 2. Local Power to Adopt, Revise or Amend Charters. — Any 
city or town shall have the power to adopt or revise a charter or to amend 
its existing charter through the procedures set forth in sections three and 
four. The provisions of any adopted or revised charter or any charter 
amendments shall not be inconsistent with the constitution or any laws 
enacted by the general court in conformity with the powers reserved to 
the general court by section eight. 

No town of fewer than twelve thousand inhabitants shall adopt a city 
form of government, and no town of fewer than six thousand inhabitants 
shall adopt a form of government providing for a town meeting limited 
to such inhabitants of the town as may be elected to meet, deliberate, act 
and vote in the exercise of the corporate powers of the town. 

Section 3. Procedure for Adoption or Revision of a Charter by a City 
or Town. — Every city and town shall have the power to adopt or revise 
a charter in the following manner: A petition for the adoption or revision 
of a charter shall be signed by at least fifteen per cent of the number of 
legal voters residing in such city or town at the preceding state election. 
Whenever such a petition is filed with the board of registrars of voters of 
any city or town, the board shall within ten days of its receipt determine 
the sufficiency and validity of the signatures and certify the results to the 
city council of the city or board of selectmen of the town, as the case 
may be. As used in this section, the phrase "board of registrars of voters" 
shall include any local authority of different designation which performs 
the duties of such registrars, and the phrase "city council of the city 
or board of selectmen of the town" shall include local authorities of 
different designation performing the duties of such council or board. 



1 32 Constitution of Massachusetts — Amendments. 



Objections to the sufficiency and validity of the signatures on any such 
petition as certified by the board of registrars of voters shall be made in 
the same manner as provided by law for objections to nominations for 
city or town offices, as the case may be. 

Within thirty days of receipt of certification of the board of registrars 
of voters that a petition contains sufficient valid signatures, the city 
council of the city or board of selectmen of the town shall by order 
provide for submitting to the voters of the city or town the question of 
adopting or revising a charter, and for the nomination and election of a 
charter commission. 

If the city or town has not previously adopted a charter pursuant to 
this section, the question submitted to the voters shall be: "Shall a 
commission be elected to frame a charter for (name of city or town)?" 
If the city or town has previously adopted a charter pursuant to this 
section, the question submitted to the voters shall be: "Shall a commis- 
sion be elected to revise the charter of (name of city or town)?" 

The charter commission shall consist of nine voters of the city or 
town, who shall be elected at large without party or political designation 
at the city or town election next held at least sixty days after the order of 
the city council of the city or board of selectmen of the town. The names 
of candidates for such commission shall be listed alphabetically on the 
ballot used at such election. Each voter may vote for nine candidates. 

The vote on the question submitted and the election of the charter 
commission shall take place at the same time. If the vote on the question 
submitted is in the affirmative, the nine candidates receiving the highest 
number of votes shall be declared elected. 

Within [ten months] after the election of the members of the charter 
commission, said commission shall submit the charter or revised charter to 
the city council of the city or the board of selectmen of the town, and 
such council or board shall provide for publication of the charter and for 
its submission to the voters of the city or town at the next city or town 
election held at least two months after such submission by the charter 
commission. If the charter or revised charter is approved by a majority of 
the voters of the city or town voting thereon, it shall become effective 
upon the date fixed in the charter. [See Amendments, Art. CXIII.] 

Section 4. Procedure for Amendment of a Charter by a City or Town. — 
Every city and town shall have the power to amend its charter in the 
following manner: The legislative body of a city or town may, by a two- 
thirds vote, propose amendments to the charter of the city or town; 
provided, that ( 1 ) amendments of a city charter may be proposed only with 
the concurrence of the mayor in every city that has a mayor, and (2) any 
change in a charter relating in any way to the composition, mode of election 



Constitution of Massachusetts — Amendments. 133 



or appointment, or terms of office of the legislative body, the mayor or city 
manager or the board of selectmen or town manager shall be made only by 
the procedure of charter revision set forth in section three. 

All proposed charter amendments shall be published and submitted 
for approval in the same manner as provided for adoption or revision of 
a charter. 

Section 5. Recording of Charters and Charter Amendments. — 
Duplicate certificates shall be prepared setting forth any charter that has 
been adopted or revised and any charter amendments approved, and shall 
be signed by the city or town clerk. One such certificate shall be 
deposited in the office of the secretary of the commonwealth and the 
other shall be recorded in the records of the city or town and deposited 
among its archives. All courts may take judicial notice of charters and 
charter amendments of cities and towns. 

Section 6. Governmental Powers of Cities and Towns. — Any city or 
town may, by the adoption, amendment, or repeal of local ordinances or 
by-laws, exercise any power or function which the general court has 
power to confer upon it, which is not inconsistent with the constitution or 
laws enacted by the general court in conformity with powers reserved to 
the general court by section eight, and which is not denied, either 
expressly or by clear implication, to the city or town by its charter. This 
section shall apply to every city and town, whether or not it has adopted 
a charter pursuant to section three. 

Section 7. Limitations on Local Powers. — Nothing in this article 
shall be deemed to grant to any city or town the power to (1) regulate 
elections other than those prescribed by sections three and four; (2) to 
levy, assess and collect taxes; (3) to borrow money or pledge the credit 
of the city or town; (4) to dispose of park land; (5) to enact private or 
civil law governing civil relationships except as an incident to an 
exercise of an independent municipal power; or (6) to define and provide 
for the punishment of a felony or to impose imprisonment as a punish- 
ment for any violation of law; provided, however, that the foregoing 
enumerated powers may be granted by the general court in conformity 
with the constitution and with the powers reserved to the general court 
by section eight; nor shall the provisions of this article be deemed to 
diminish the powers of the judicial department of the commonwealth. 

Section 8. Powers of the General Court. — The general court shall 
have the power to act in relation to cities and towns, but only by the 
general laws which apply alike to all cities, or to all cities and towns, or 



134 Constitution of Massachusetts — Amendments. 



to a class of not fewer than two, and by special laws enacted (1) on 
petition filed or approved by the voters of a city or town, or the mayor 
and city council, or other legislative body, of a city, or the town meeting 
of a town, with respect to a law relating to that city or town; (2) by a 
two-thirds vote of each branch of the general court following a recom- 
mendation by the governor; (3) to erect and constitute metropolitan or 
regional entities, embracing any two or more cities or towns or cities and 
towns, or established with other than existing city or town boundaries, 
for any general or special public purpose or purposes, and to grant to 
these entities such powers, privileges and immunities as the general court 
shall deem necessary or expedient for the regulation and government 
thereof; or (4) solely for the incorporation or dissolution of cities or 
towns as corporate entities, alteration of city or town boundaries, and 
merger or consolidation of cities and towns, or any of these matters. 

Subject to the foregoing requirements, the general court may provide 
optional plans of city or town organization and government under which 
an optional plan may be adopted or abandoned by majority vote of the 
voters of the city or town voting thereon at a city or town election; 
provided, that no town of fewer than twelve thousand inhabitants may be 
authorized to adopt a city form of government, and no town of fewer 
than six thousand inhabitants may be authorized to adopt a form of town 
government providing for a town meeting limited to such inhabitants of 
the town as may be elected to meet, deliberate, act and vote in the 
exercise of the corporate powers of the town. 

This section shall apply to every city and town whether or not it has 
adopted a charter pursuant to section three. 

Section 9. Existing Special Laws. — All special laws relating to 
individual cities or towns shall remain in effect and have the force of an 
existing city or town charter, but shall be subject to amendment or repeal 
through the adoption, revision or amendment of a charter by a city or 
town in accordance with the provisions of sections three and four and 
shall be subject to amendment or repeal by laws enacted by the general 
court in conformity with the powers reserved to the general court by 
section eight. 

Art. XC. Section 1 . Article II of section I of Chapter I of Part the 
Second of the Constitution is hereby amended by striking out the second 
paragraph and inserting in place thereof the following paragraph: — 

And in order to prevent unnecessary delays, if any bill or resolve shall 
not be returned by the governor within ten days after it shall have been 
presented, the same shall have the force of a law. 



Constitution of Massachusetts — Amendments. 135 



Section 2. Article I of the Articles of Amendment to the Constitution 
is hereby annulled and the following is adopted in place thereof: — 

Article I. If any bill or resolve shall be objected to, and not approved 
by the governor, and if the general court shall adjourn within ten days 
after the same shall have been laid before the governor for his approba- 
tion, and thereby prevent his returning it with his objections, as provided 
by the constitution, such bill or resolve shall not become a law, nor have 
force as such. 

Section 3. Article LVI of the Articles of Amendment to the Constitution 
is hereby annulled and the following is adopted in place thereof: — 

Article LVI. The governor, within ten days after any bill or resolve 
shall have been laid before him, shall have the right to return it to the 
branch of the general court in which it originated with a recommendation 
that any amendment or amendments specified by him be made therein. 
Such bill or resolve shall thereupon be before the general court and 
subject to amendment and re-enactment. If such bill or resolve is re- 
enacted in any form it shall again be laid before the governor for his 
action, but he shall have no right to return the same a second time with a 
recommendation to amend. 

Section 4. Article LXIII of the Articles of Amendment to the Consti- 
tution is hereby amended by striking out Section 5 and inserting in place 
thereof the following section: — 

Section 5. Submission to the Governor. — The governor may disap- 
prove or reduce items or parts of items in any bill appropriating money. 
So much of such bill as he approves shall upon his signing the same 
become law. As to each item disapproved or reduced, he shall transmit to 
the house in which the bill originated his reason for such disapproval or 
reduction, and the procedure shall then be the same as in the case of a 
bill disapproved as a whole. In case he shall fail so to transmit his 
reasons for such disapproval or reduction within ten days after the bill 
shall have been presented to him, such items shall have the force of law 
unless the general court by adjournment shall prevent such transmission, 
in which case they shall not be law. 

Art. XCI. Whenever the governor transmits to the president of the 
senate and the speaker of the house his written declaration that he is unable 
to discharge the powers and duties of his office, the office of governor shall 
be deemed to be vacant within the meaning of this Constitution. 



136 Constitution of Massachusetts — Amendments. 



Whenever the chief justice and a majority of the associate justices of 
the supreme judicial court, or such other body as the general court may 
by law provide, transmit to the president of the senate and the speaker of 
the house their written declaration that the governor is unable to 
discharge the powers and duties of his office, the office of governor shall 
be deemed to be vacant within the meaning of this Constitution. 

Thereafter, in either of the above cases, whenever the governor 
transmits to the president of the senate and the speaker of the house his 
written declaration that no inability exists such vacancy shall be deemed 
to have terminated four days thereafter and the governor shall resume the 
powers and duties of his office unless the chief justice and a majority of 
the associate justices of the supreme judicial court, or such other body as 
the general court may by law provide, transmit within said four days to 
the president of the senate and the speaker of the house their written 
declaration that the governor is unable to discharge the powers and 
duties of his office. Thereupon the general court shall decide the issue, 
assembling within forty-eight hours for that purpose if not in session. If 
the general court within twenty-one days after receipt of the latter written 
declaration, or, if the general court is not in session, within twenty-one 
days after the general court is required to assemble, determine by a vote, 
taken by yeas and nays, of two-thirds of each house present and voting 
thereon, that the governor is unable to discharge the powers and duties of 
his office, the office of governor shall continue to be deemed to be 
vacant; otherwise such vacancy shall be deemed to have terminated and 
the governor shall resume the powers and duties of his office. 

The above provisions shall be applicable to the lieutenant-governor 
when the lieutenant-governor in case of a vacancy is performing all the 
duties incumbent upon the governor as provided in this Constitution. 

If a vacancy in the office of governor, as described in this Article, 
continues for six months and if such six-month period expires more than 
five months prior to a biennial state election other than an election for 
governor, there shall be an election of governor at such biennial state 
election for the balance of the unexpired four-year term. 

Art. XCII. [Section 1. In the year nineteen hundred and seventy- 
one and every tenth year thereafter a census of the inhabitants of each 
city and town shall be taken. Said census shall specify the number of 
inhabitants residing in each precinct of each town and in each precinct 
and ward of each city. Said census shall be the basis for determining the 
representative districts for the ten year period beginning with the first 
Wednesday in the fourth January following the taking of said census; 
provided that such districts as established in the year nineteen hundred 
and sixty-eight shall continue until the first Wednesday in January in the 
year nineteen hundred and seventy-five. 



Constitution of Massachusetts — Amendments. 137 



The house of representatives shall consist of two hundred and 
forty members. The general court shall, at its first regular session after 
the year in which said census was taken, divide the commonwealth into 
two hundred and forty representative districts of contiguous territory so 
that each representative will represent an equal number of inhabitants, as 
nearly as may be; and such districts shall be formed as nearly as may be, 
without uniting two counties or parts of two or more counties, two towns 
or parts of two or more towns, two cities or parts of two or more cities, 
or a city and a town, or parts of cities and towns, into one district; 
provided, however, that the county of Dukes county and Nantucket 
county shall each be a representative district. Such districts shall also be 
so formed that no town containing less than six thousand inhabitants 
according to said census shall be divided. The general court may by law 
limit the time within which judicial proceedings may be instituted calling 
in question any such division. Every representative, for one year at least 
immediately preceding his election, shall have been an inhabitant of the 
district for which he is chosen, and shall cease to represent such district 
when he shall cease to be an inhabitant of the commonwealth. The 
manner of calling and conducting the elections for the choice of repre- 
sentatives, and of ascertaining their election, shall be prescribed by law. 

Section 2. Each census of inhabitants required in section one shall 
likewise be the basis for determining the senatorial districts and also 
the councillor districts for the ten year period beginning with the first 
Wednesday in the fourth January following the taking of such census; 
provided that such districts as established prior to the year nineteen 
hundred and seventy-one shall continue until the first Wednesday in 
January in the year nineteen hundred and seventy-five. The senate shall 
consist of forty members. The general court shall, at its first regular 
session after the year in which said census is taken, divide the 
commonwealth into forty districts of contiguous territory, each district to 
contain, as nearly as may be an equal number of inhabitants according to 
said census; and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more counties, into one 
district. The general court may by law limit the time within which 
judicial proceedings may be instituted calling in question such division. 
Each district shall elect one senator, who shall have been an inhabitant of 
this commonwealth five years at least immediately preceding his 
election, and at the time of his election, shall be an inhabitant of the 
district for which he is chosen; and he shall cease to represent such 
senatorial district when he shall cease to be an inhabitant of the 
commonwealth. 



138 Constitution of Massachusetts — Amendments. 



Section 3. Articles XXI and XXII of the Amendments to the Consti- 
tution, as appearing in Article LXXI of said Amendments, are hereby 
annulled.] [Annulled and superseded by Amendments, Art. CI.] 

Art. XCIII. Article III of the Amendments to the Constitution, as 
amended, is hereby further amended by striking out the words "within 
the commonwealth one year, and". 

Art. XCIV. Article III of the Amendments to the Constitution, as 
amended, is hereby further amended by striking out the words "twenty- 
one" and inserting in place thereof the word: — nineteen. 

Art. XCV. Article III of the Amendments to the Constitution, as 
amended, is hereby further amended by striking out the words "pauper 
and". 

Art. XCVI. The general court shall have power to authorize the 
commonwealth to make loans, on such terms as it may deem reasonable, 
to any residents of the commonwealth for tuition and board at any 
college, university or other institution of higher learning. 

Art. XCVII. Article XLIX of the Amendments to the Constitution is 
hereby annulled and the following is adopted in place thereof: — The 
people shall have the right to clean air and water, freedom from 
excessive and unnecessary noise, and the natural, scenic, historic, and 
esthetic qualities of their environment; and the protection of the people 
in their right to the conservation, development and utilization of the 
agricultural, mineral, forest, water, air and other natural resources is 
hereby declared to be a public purpose. 

The general court shall have the power to enact legislation necessary 
or expedient to protect such rights. 

In the furtherance of the foregoing powers, the general court shall 
have the power to provide for the taking, upon payment of just 
compensation therefor, or for the acquisition by purchase or otherwise, 
of lands and easements or such other interests therein as may be deemed 
necessary to accomplish these purposes. 

Lands and easements taken or acquired for such purposes shall not be 
used for other purposes or otherwise disposed of except by laws enacted 
by a two-thirds vote, taken by yeas and nays, of each branch of the 
general court. 

Art. XCVIIL Article I of Chapter III of Part the Second of the 
Constitution, as amended by Article LVIII of the Amendments to the 



Constitution of Massachusetts — Amendments. 139 



Constitution, is hereby annulled and the following Article is adopted in 
place thereof: — 

Article I. The tenure, that all commissioned officers shall by law 
have in their offices, shall be expressed in their respective commissions. 
All judicial officers, duly appointed, commissioned and sworn, shall hold 
their offices during good behavior, excepting such concerning whom 
there is different provision made in this Constitution; provided, never- 
theless, the governor, with the consent of the council, may remove them 
upon the address of both houses of the legislature; and provided, also, 
that the governor, with the consent of the council, may after due notice 
and hearing retire them because of advanced age or mental or physical 
disability; and provided further, that upon attaining seventy years of age 
said judges shall be retired. Such retirement shall be subject to any 
provisions made by law as to pensions or allowances payable to such 
officers upon their voluntary retirement. 

Art. XCIX. Full power and authority is hereby given and granted to 
the general court to prescribe, for the purpose of developing and conserv- 
ing agricultural or horticultural lands, that such lands shall be valued, for 
the purpose of taxation, according to their agricultural or horticultural 
uses; provided, however, that no parcel of land which is less than five 
acres in area or which has not been actively devoted to agricultural or 
horticultural uses for the two years preceding the tax year shall be valued 
at less than fair market value under this article. 

Art. C. Article III of the Amendments to the Constitution, as amended, 
is hereby ftirther amended by striking out the word indicating the age at 
which a citizen shall have a right to vote in an election of Governor and 
other public officers and inserting in place thereof the following word: — 
eighteen. 

Art. CI. [In the year nineteen hundred and seventy-five and every 
tenth year thereafter a census of the inhabitants of each city and town 
shall be taken. Said census shall specify the number of inhabitants 
residing in each precinct of each town and in each precinct and ward of 
each city. Said census shall be the basis for determining the 
representative districts for the ten year period beginning with the first 
Wednesday in the fourth January following the taking of said census; 
provided that such districts as established based on the census in the year 
nineteen hundred and seventy-one shall terminate on the first Wednesday 
in January in the year nineteen hundred and seventy-nine.] [See Amend- 
ments, Arts. CIX, CXVII and CXIX.] 



140 Constitution of Massachusetts — Amendments. 



The House of Representatives shall consist of one hundred and sixty 
members. The General Court shall, at its first regular session after the 
year in which said census was taken, divide the Commonwealth into one 
hundred and sixty representative districts of contiguous territory so that 
each representative will represent an equal number of inhabitants, as 
nearly as may be; and such district shall be formed, as nearly as may be, 
without uniting two counties or parts of two or more counties, two towns 
or parts of two or more towns, two cities or parts of two or more cities, or 
a city and a town, or parts of cities and towns, into one district. Such 
districts shall also be so formed that no town containing less than 
twenty-five hundred inhabitants according to said census shall be 
divided. The General Court may by law limit the time within which 
judicial proceedings may be instituted calling in question any such 
division. Every representative, for one year at least immediately 
preceding his election, shall have been an inhabitant of the district for 
which he is chosen and shall cease to represent such district when he 
shall cease to be an inhabitant of the Commonwealth. The manner of 
calling and conducting the elections for the choice of representatives, 
and of ascertaining their election, shall be prescribed by law. 

Section 2. [Each such census of inhabitants required in section one 
shall likewise be the basis for determining the senatorial districts and also 
the councillor districts for the ten year period beginning with the first 
Wednesday in the fourth January following the taking of such census; 
provided that such districts as established based on the census in the year 
nineteen hundred and seventy-one shall terminate on the first Wednesday in 
January in the year nineteen hundred and seventy-nine.] The Senate shall 
consist of forty members. The General Court shall, at its first regular 
session after the year in which said census is taken, divide the 
Commonwealth into forty districts of contiguous territory, each district to 
contain, as nearly as may be, an equal number of inhabitants according to 
said census; and such districts shall be formed, as nearly as may be, without 
uniting two counties, or parts of two or more counties, into one district. The 
General Court may by law limit the time within which judicial proceedings 
may be instituted calling in question such division. Each district shall elect 
one senator, who shall have been an inhabitant of this Commonwealth five 
years at least immediately preceding his election and at the time of his 
election shall be an inhabitant of the district for which he is chosen; and he 
shall cease to represent such senatorial district when he shall cease to be an 
inhabitant of the Commonwealth. The manner of calling and conducting the 
elections for the choice of senators and councillors, and of ascertaining 
their election, shall be prescribed by law. [Amended by Amendments, 
Art. CXVII, sect. 2 and Art. CXIX, sect. 2.] 



Constitution of Massachusetts — Amendments. 141 



Section 3. Original jurisdiction is hereby vested in the supreme 
judicial court upon the petition of any voter of the Commonwealth, filed 
with the clerk of the supreme judicial court for the Commonwealth, for 
judicial relief relative to the establishment of House of Representatives, 
councillor and senatorial districts. 

Section 4. Article XCII of the Amendments to the Constitution is 
hereby annulled. 

Art. CII. Article LII of the Articles of Amendment to the Constitution is 
hereby annulled and the following is adopted in place thereof: — 

Article LII. The General Court, by concurrent vote of the two houses, 
may take a recess or recesses amounting to not more than thirty days. 

Art. cm. Article XLVI of the Articles of Amendment to the Consti- 
tution of the Commonwealth is hereby amended by striking out section 2 
and inserting in place thereof the following section: — 

Section 2. No grant, appropriation or use of public money or property 
or loan of credit shall be made or authorized by the Commonwealth or 
any political subdivision thereof for the purpose of founding, main- 
taining or aiding any infirmary, hospital, institution, primary or 
secondary school, or charitable or religious undertaking which is not 
publicly owned and under the exclusive control, order and supervision of 
public officers or public agents authorized by the Commonwealth or 
federal authority or both, except that appropriations may be made for the 
maintenance and support of the Soldiers' Home in Massachusetts and for 
free public libraries, in any city or town and to carry out legal obligations, if 
any, already entered into; and no such grant, appropriation or use of public 
money or property or loan of public credit shall be made or authorized for 
the purpose of founding, maintaining or aiding any church, religious 
denomination or society. Nothing herein contained shall be construed to 
prevent the Commonwealth from making grants-in-aid to private higher 
educational institutions or to students or parents or guardians of students 
attending such institutions. 

Article CIV. Article LXXVIII of the Amendments to the Constitution 
is hereby annulled and the following is adopted in place thereof: — 

Article LXXVIII. No revenue from fees, duties, excises or license 
taxes relating to registration, operation or use of vehicles on public high- 
ways, or to fuels used for propelling such vehicles, shall be expended for 



142 Constitution of Massachusetts — Amendments. 



other than cost of administration of laws providing for such revenue, 
making of refunds and adjustments in relation thereto, payment of 
highway obligations, or cost of construction, reconstruction, maintenance 
and repair of public highways and bridges, and mass transportation lines 
and of the enforcement of state traffic laws, and for other mass 
transportation purposes; and such revenue shall be expended by the 
commonwealth or its counties, cities and towns for said highway and 
mass transportation purposes only and in such manner as the general 
court may direct; provided, that this amendment shall not apply to 
revenue from any excise tax imposed in lieu of local property taxes for 
the privilege of registering such vehicles. 

Art. CV. Article XLV of the articles of amendment to the constitution, 
as amended by Article LXXVI of said articles of amendment, is hereby 
annulled and the following is adopted in place thereof: — 

Article XLV. The general court shall have power to provide by law 
for voting, in the choice of any officer to be elected or upon any question 
submitted at an election, by qualified voters of the commonwealth who, 
at the time of such an election, are absent from the city or town of which 
they are inhabitants or are unable by reasons of physical disability to cast 
their votes in person at the polling places or who hold religious beliefs in 
conflict with the act of voting on the day on which such an election is to 
be held. 

Art. CVI. Article I of Part the First of the Constitution is hereby 
annulled and the following is adopted: — 

All people are bom free and equal and have certain natural, essential 
and unalienable rights; among which may be reckoned the right of 
enjoying and defending their lives and liberties; that of acquiring, 
possessing and protecting property; in fine, that of seeking and obtaining 
their safety and happiness. Equality under the law shall not be denied or 
abridged because of sex, race, color, creed or national origin. 

Art. CVII. Section 2 of Article LXIII of the Articles of Amendment 
to the Constitution of the Commonwealth is hereby annulled and the 
following is adopted in place thereof: — 

Section 2. The Budget. — Within three weeks after the convening of 
the general court the governor shall recommend to the general court a 
budget which shall contain a statement of all proposed expenditures of 
the commonwealth for the fiscal year, including those already authorized 
by law, and of all taxes, revenues, loans and other means by which such 



Constitution of Massachusetts — Amendments. 143 



expenditures shall be defrayed. In the first year of the term of office of a 
governor who has not served in the preceding year said governor shall 
recommend such budget within eight weeks after the convening of the 
general court. The budget shall be arranged in such form as the general 
court may by law prescribe, or, in default thereof, as the governor shall 
determine. For the purpose of preparing his budget, the governor shall 
have power to require any board, commission, officer or department to 
fiimish him with any information which he may deem necessary. 

Art. CVllI. Article XLVIII of the Amendments to the Constitution of 
the Commonwealth is hereby amended by striking out, under the heading 
"GENERAL PROVISIONS," all of subheading '7K Information for 
Voters.", as amended by section 4 of Article LXXIV of said 
Amendments, and inserting in place thereof the following subheading: 

IV. Information for Voters. 

The secretary of the commonwealth shall cause to be printed and sent to 
each person eligible to vote in the commonwealth or to each residence of 
one or more persons eligible to vote in the commonwealth the ftill text 
of every measure to be submitted to the people, together with a copy of the 
legislative committee's majority and minority reports, if there be such, with 
the names of the majority and minority members thereon, a statement of the 
votes of the general court on the measure, and a fair, concise summary of 
the measure as such summary will appear on the ballot; and shall, in such 
manner as may be provided by law, cause to be prepared and sent other 
information and arguments for and against the measure. 

Art. CIX. The first paragraph of Section 1 of Article CI of the 
Amendments to the Constitution of the Commonwealth is hereby amended 
by striking out the second sentence and inserting in place thereof the 
following two sentences: — 

For purposes of said census every person shall be considered an 
inhabitant of the city or town of his usual place of residence in 
accordance with standards used by the United States from time to time in 
conducting the federal census required by Section 2 of Article I of the 
Constitution of the United States subject to such exceptions as the 
general court may provide by law. Such census shall specify the number 
of inhabitants of each precinct of each town and of each precinct and 
ward of each city. [Amended by Art. CXVII.] 

Art. ex. Article XLI of the Amendments to the Constitution is 
hereby annulled and the following Article is adopted in place thereof: — 



144 Constitution of Massachusetts — Amendments. 



Full power and authority are hereby given and granted to the general 
court to prescribe for wild or forest lands and lands retained in a natural 
state for the preservation of wildlife and other natural resources and lands 
for recreational uses, such methods of taxation as will develop and conserve 
the forest resources, wildlife and other natural resources and the environ- 
mental benefits of recreational lands within the commonwealth. 

Art, CXI. No student shall be assigned to or denied admittance to a 
public school on the basis of race, color, national origin or creed. 

Art. CXII. Article IV of Chapter 1 of Part the Second of the Consti- 
tution is hereby amended by inserting after the words "and to impose and 
levy proportional and reasonable assessment, rates and taxes, upon all 
the inhabitants of, and persons resident, and estates lying, within said 
Commonwealth" the words: — , except that, in addition to the powers 
conferred under Articles XLI and XCIX of the Amendments, the general 
court may classify real property according to its use in no more than four 
classes and to assess, rate and tax such property differently in the classes 
so established, but proportionately in the same class, and except that 
reasonable exemptions may be granted. 

Art. CXIII. The first sentence of the sixth paragraph of Section 3 of 
Article II of the Amendments to the Constitution of the Commonwealth, 
as appearing in Article LXXXIX of said Amendments, is hereby 
amended by striking out the words "ten months" and inserting in place 
thereof the words: — eighteen months. 

Art. CXIV. No otherwise qualified handicapped individual shall, 
solely by reason of his handicap, be excluded from the participation in, 
denied the benefits of, or be subject to discrimination under any program 
or activity within the commonwealth. 

Art. CXV. No law imposing additional costs upon two or more cities 
or towns by the regulation of the compensation, hours, status, conditions 
or benefits of municipal employment shall be effective in any city or 
town until such law is accepted by vote or by the appropriation of money 
for such purposes, in the case of a city, by the city council in accordance 
with its charter, and in the case of a town, by a town meeting or town 
council, unless such law has been enacted by a two-thirds vote of each 
house of the general court present and voting thereon, or unless 
the general court, at the same session in which such law is enacted, 
has provided for the assumption by the commonwealth of such addi- 
tional cost. 



Constitution of Massachusetts — Amendments. 145 



Art. CXVI. Article XXVI of part 1 of the Constitution of the Common- 
weahh is hereby amended by adding the following two sentences: — No 
provision of the Constitution, however, shall be construed as prohibiting 
the imposition of the punishment of death. The general court may, for the 
purpose of protecting the general welfare of the citizens, authorize the 
imposition of the punishment of death by the courts of law having 
jurisdiction of crimes subject to the punishment of death. 

Art. CXVII. Section 1. Section 1 of Article CI of the Articles of 
Amendment to the Constitution is hereby amended by striking out the 
first paragraph, as amended by Article CIX of said Articles of Amend- 
ment, and inserting in place thereof the following paragraph: — 

The federal census shall be the basis for determining the 
representative districts for the ten year period beginning with the first 
Wednesday in the [fifth] January following the taking of said census. 
[Amended by Amendments, Art. CXIX, sect. 1.] 

Section 2. Section 2 of said Article CI of said Articles of 
Amendment is hereby amended by striking out the first sentence and 
inserting in place thereof the following sentence: — Said federal census 
shall likewise be the basis for determining the senatorial districts and 
also the councillor districts for the ten year period beginning with the 
first Wednesday in the [fifth] January following the taking of such 
census. [Amended by Amendments, Art. CXIX, sect. 2.] 

Art. CXVIII. The base compensation as of January first, nineteen 
hundred and ninety-six, of members of the general court shall not be 
changed except as provided in this article. As of the first Wednesday in 
January of the year two thousand and one and every second year there- 
after, such base compensation shall be increased or decreased at the same 
rate as increases or decreases in the median household income for the 
commonwealth for the preceding two year period, as ascertained by 
the governor. 

Art. CXIX. Section 1. Section 1 of Article CI of the Articles of 
Amendment to the Constitution is hereby amended by striking out the 
first paragraph, as appearing in section 1 of CXVII of said Articles of 
Amendment, and inserting in place thereof the following paragraph:— 

The federal census shall be the basis for determining the 
representative districts for the ten year period beginning with the first 
Wednesday in the third January following the taking of said census. 



146 Constitution of Massachusetts — Amendments. 



Section 2. Section 2 of said Article CI is hereby amended by striking 
out the first sentence, as appearing in section 2 of said Article CXVII, 
and inserting in place thereof the following sentence: — Said federal 
census shall likewise be the basis for determining the senatorial districts 
and also the councillor districts for the ten year period beginning with 
the first Wednesday in the third January following the taking of said 
census. 

Art. CXX. Article III of the Amendments to the Constitution, as 
amended, is hereby further amended by inserting after the word 
"upwards" the following words: — , excepting persons who are 
incarcerated in a correctional facility due to a felony conviction, and. 

[Note. — Soon after the Declaration of Independence, steps were taken 
in Massachusetts toward framing a Constitution or Form of Govern- 
ment. The Council and House of Representatives, or the General Court 
of 1777-78, in accordance with a recommendation of the General Court, of 
the previous year, met together as a Convention, and adopted a form 
of Constitution "for the State of Massachusetts Bay." which was submitted 
to the people, and by them rejected. This attempt to form a Constitution 
having proved unsuccessful, the General Court on the 20th of February, 
1779, passed a Resolve calling upon the qualified voters to give in their 
votes upon the questions — Whether they chose to have a new Constitution 
or Form of Government made, and. Whether they will empower their 
representatives to vote for calling a State Convention for that purpose. 
A large majority of the inhabitants having voted in the affirmative to both 
these questions, the General Court, on the 17th of June, 1779, passed a 
Resolve calling upon the inhabitants to meet and choose delegates to 
a Constitutional Convention, to be held at Cambridge, on the 1st of 
September, 1779. The Convention met at time and place appointed, and 
organized by choosing James Bowdoin, President, and Samuel Barrett, 
Secretary. On the 1 1th of November the Convention adjoumed, to meet at 
the Representatives' Chamber, in Boston, January 5th, 1780. On the 2d of 
March, of the same year, a form of Constitution having been agreed upon, a 
Resolve was passed by which the same was submitted to the people, and 
the Convention adjoumed to meet at the Brattle Street Church, in Boston, 
June the 7th. At that time and place the Convention again met, and 
appointed a Committee to examine the returns of votes from the several 
towns. On the 14th of June the Committee reported, and on the 15th the 
Convention resolved, "That the people of the State of Massachusetts Bay 
have accepted the Constitution as it stands, in the printed form submitted to 
their revision." A Resolve providing for carrying the new Constitution into 
effect was passed; and the Convention then, on the 16th of June, 1780, was 



Constitution of Massachusetts — Amendments. 147 



finally dissolved. In accordance with the Resolves referred to, elections 
immediately took place in the several towns; and the first General Court of 
the Commonwealth of Massachusetts met at the State House, in Boston, 
on Wednesday, October 25th, 1780. 

The Constitution contained a provision providing for taking, in 1795, 
the sense of the people as to the expediency or necessity of revising the 
original instrument. But no such revision was deemed necessary at that 
time. On the 16th of June, 1820, an Act was passed by the General 
Court, calling upon the people to meet in their several towns, and give in 
their votes upon the question, "Is it expedient that delegates should be 
chosen to meet in Convention for the purpose of revising or altering the 
Constitution of Government of this Commonwealth?" A large majority 
of the people of the State having voted in favor of revision, the Governor 
issued a proclamation announcing the fact, and calling upon the people 
to vote, in accordance with the provisions of the aforesaid Act, for 
delegates to the proposed Convention. The delegates met at the State 
House, in Boston, November 15th, 1820, and organized by choosing 
John Adams, President, and Benjamin Pollard, Secretary. Mr. Adams, 
however, declined the appointment, and Isaac Parker was chosen in his 
stead. On the 9th of January, 1821, the Convention agreed to fourteen 
Articles of Amendment, and after passing a Resolve providing for 
submitting the same to the people, and appointing a committee to meet to 
count the votes upon the subject, was dissolved. The people voted on 
Monday, April 9th, 1821, and the Committee of the Convention met at 
the State House to count the votes, on Wednesday, May 24th. They made 
their return to the General Court; and at the request of the latter the 
Governor issued his proclamation on the 5th of June, 1821, announcing 
that nine of the fourteen Articles of Amendment had been adopted. 
These articles were numbered in the preceding pages from one to nine 
inclusive. The first Article was annulled by the ninetieth Article, the 
second Article by the eighty-ninth Article, the fifth Article by the fifty- 
third Article and the ninth Article by the forty-eighth Article. 

The tenth Article of Amendment was adopted by the General Court 
during the sessions of the political years 1829-30, and 1830-31, and was 
approved and ratified by the people May 1 1th, 1 83 1 . 

The eleventh Article of Amendment was adopted by the General 
Court during the sessions of the years 1832 and 1833, and was approved 
and ratified by the people November 1 1th, 1833. 

The twelfth Article of Amendment was adopted by the General Court 
during the sessions of the years 1835 and 1836, and was approved and 
rafified by the people November 14th, 1836. 

The thirteenth Article of Amendment was adopted by the General 
Court during the sessions of the years 1839 and 1840, and was approved 



148 Constitution of Massachusetts — Amendments. 



and ratified by the people April 6th, 1840. 

The General Court of the year 1851 passed an Act calling a third 
Convention to revise the Constitution. The Act was submitted to the 
people, and a majority voted against the proposed Convention. In 1852, 
on the 7th of May, another Act was passed calling upon the people to vote 
upon the question of calling a Constitutional Convention. A majority of 
the people having voted in favor of the proposed Convention, election for 
delegates thereto took place in March, 1853. The Convention met in the 
State House, in Boston, on the 4th day of May, 1853, and organized by 
choosing Nathaniel P. Banks, Jr., President, and William S. Robinson and 
James T. Robinson, Secretaries. On the 1st of August, this Convention 
agreed to a form of Constitution, and on the same day was dissolved, after 
having provided for submitting the same to the people, and appointed a 
committee to meet to count the votes, and to make a return thereof to the 
General Court. The Committee met at the time and place agreed upon, 
and found that the proposed Constitution had been rejected. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and 
nineteenth Articles of Amendment were adopted by the General Court 
during the sessions of the years 1854 and 1855, and were approved and 
ratified by the people May 23d, 1855. The eighteenth Article was super- 
seded by the forty-sixth Article. 

The twentieth, twenty-first and twenty-second Articles of Amendment 
were adopted by the General Court during the sessions of the years 1856 
and 1857, and were approved and ratified by the people May 1st, 1857. 
The twenty-first and twenty-second Articles were annulled and super- 
seded by the seventy-first Article, which was subsequently annulled by 
the ninety-second Article. 

The twenty-third Article of Amendment was adopted by the General 
Court during the sessions of the years 1858 and 1859, and was approved 
and ratified by the people May 9th, 1859, and was annulled by the 
twenty-sixth Article. 

The twenty-fourth and twenty-fifth Articles of Amendment were 
adopted by the General Court during the sessions of the years 1859 and 
1 860, and were approved and ratified by the people May 7th, 1 860. 

The twenty-sixth Article of Amendment was adopted by the General 
Court during the sessions of the years 1862 and 1863, and was approved 
and ratified by the people April 6th, 1863. 

The twenty-seventh Article of Amendment was adopted by the 
General Court during the sessions of the years 1876 and 1877, and was 
approved and ratified by the people on the 6th day of November, 1877. 

The twenty-eighth Article of Amendment was adopted by the General 
Court during the sessions of the years 1880 and 1881, and was approved 
and ratified by the people on the 8th day of November, 1881. 

The twenty-ninth Article of Amendment was adopted by the General 



Constitution of Massachusetts — Amendments. 149 



Court during the sessions of the years 1884 and 1885, and was approved 
and ratified by the people on the 3d day of November, 1885. 

The thirtieth and thirty-first Articles of Amendment were adopted by the 
General Court during the sessions of the years 1889 and 1890, and were 
approved and ratified by the people on the 4th day of November, 1890. 

The thirty-second and thirty-third Articles of Amendment were 
adopted by the General Court during the sessions of the years 1 890 and 
1891, and were approved and ratified by the people on the 3d day of 
November, 1891. 

The thirty-fourth Article of Amendment was adopted by the General 
Court during the sessions of the years 1891 and 1892, and was approved 
and ratified by the people on the 8th day of November, 1892. 

The thirty-fifih Article of Amendment was adopted by the General 
Court during the sessions of the years 1892 and 1893, and was approved 
and ratified by the people on the 7th day of November, 1893. 

The thirty-sixth Article of Amendment was adopted by the General 
Court during the sessions of the years 1 893 and 1 894, and was approved 
and ratified by the people on the 6th day of November, 1894. 

The thirty-seventh Article of Amendment was adopted by the General 
Court during the sessions of the years 1906 and 1907, and was approved 
and ratified by the people on the 5th day of November, 1907. 

The thirty-eighth Article of Amendment was adopted by the General 
Court during the sessions of the years 1909 and 1910, and was approved 
and ratified by the people on the 7th day of November, 1911. 

The thirty-ninth Article of Amendment was adopted by the General 
Court during the sessions of the years 1910 and 1911, and was approved 
and ratified by the people on the 7th day of November, 1911. 

The fortieth and forty-first Articles of Amendment were adopted by the 
General Court during the sessions of the years 1911 and 1912, and were 
approved and ratified by the people on the 5th day of November, 1912. The 
forty-first Article was annulled by the one hundred and tenth Article. 

The forty-second Article of Amendment was adopted by the General 
Court during the sessions of the years 1912 and 1913, and was approved 
and ratified by the people on the 4th day of November, 1913, and was 
annulled by the forty-eighth Article. 

The forty-third and forty-fourth Articles of Amendment were adopted by 
the General Court during the sessions of the years 1914 and 1915, and were 
approved and ratified by the people on the 2d day of November, 1915. 

In his inaugural address to the General Court of 1916, Governor McCall 
recommended that the question of revising the Constitution, through a 
Constitutional Convention, be submitted to the people; and the General 
Court passed a law (chapter 98 of the General Acts of 1916) to ascertain 
and carry out the will of the people relative thereto, the question to be 



1 50 Constitution of Massachusetts — Amendments. 



submitted being "Shall there be a convention to revise, alter or amend 
the constitution of the Commonwealth?" The people voted on this 
question at the annual election, held on November 7, casting 217,293 
votes in the affirmative and 120,979 votes in the negative; and 
accordingly the Governor on Dec. 19, 1916, made proclamation to that 
effect, and, by virtue of authority contained in the act, called upon the 
people to elect delegates at a special election to be held on the first 
Tuesday in May, 1917. The election was on May 1. In accordance with 
the provisions of the act, the delegates met at the State House on June 6, 
1917, and organized by choosing John L. Bates, president, and James W. 
Kimball, secretary. After considering and acting adversely on numerous 
measures that had been brought before it, and after providing for 
submitting to the people the forty-fifth, forty-sixth, and forty-seventh 
Articles, at the state election of 1917, and the Article relative to the 
establishment of the popular initiative and referendum and the legislative 
initiative of specific amendments of the Constitution (Article forty-eight) 
at the state election of 1918, the Convention adjourned on November 28 
"until called by the President or Secretary to meet not later than within 
ten days after the prorogation of the General Court of 1918." 

The forty-fifth, forty-sixth and forty-seventh Articles of Amendment, 
ordered by the convention to be submitted to the people, were so 
submitted and were approved and ratified on the 6th day of November, 
1917. The forty-fifth Article was annulled and superseded by the seventy- 
sixth and one hundred and fifth Articles. 

On Wednesday, June 12, 1918, the convention reassembled and 
resumed its work. Eighteen more articles (Articles forty-nine to sixty-six, 
inclusive) were approved by the convention and were ordered to be 
submitted to the people. On Wednesday, August 21, 1918, the conven- 
tion adjourned, "to meet, subject to call by the President or Secretary, 
not later than within twenty days after the prorogation of the General 
Court of 1919, for the purpose of taking action on the report of the 
special committee on Rearrangement of the Constitution." 

The forty-eighth to the sixty-sixth (inclusive) Articles of Amendment, 
ordered by the convention to be submitted to the people, were so sub- 
mitted and were approved and ratified on the 5th day of November, 1918. 
The forty-ninth Article was annulled by the ninety-seventh Article, the 
fifty-second Article by the one hundred and second Article, the fifty-sixth 
Article by the ninetieth Article, the fifty-eighth Article by the ninety- 
eighth Article, the sixty-fourth Article by the eighty-second Article and 
the sixty-sixth Article by the eighty-seventh Article. Section 2 of the 
sixty-third Article was annulled by the one hundred and eighth Article. 

On Tuesday, August 12, 1919, pursuant to a call of its President, the 
Convention again convened. A rearrangement of the Constitution was 



Constitution of Massachusetts — Amendments. 1 5 1 



adopted, and was ordered to be submitted to the people for their ratifi- 
cation. On the following day, a subcommittee of the Special Committee 
on Rearrangement of the Constitution was "empowered to correct clerical 
and typographical errors and establish the text of the rearrangement of 
the Constitution to be submitted to the people, in conformity with that 
adopted by the Convention." On Wednesday, August 13, 1919, the 
Convention adjourned, sine die. On Tuesday, November 4, 1919, the 
rearrangement was approved and ratified by the people; but, as to the 
effect thereof, see Opinion of the Justices, 233 Mass. 603; and Loring v. 
Young, decided August 8, 1921 [see 239 Mass. 349]. [For text of the 
Rearrangement, see Manuals for the years 1920 to 1932, inclusive.] 

The sixty-seventh Article of Amendment was adopted by the General 
Court during the sessions of the years 1920 and 1921, and was approved 
and ratified by the people on the 7th day of November, 1922. 

The sixty-eighth and sixty-ninth Articles of Amendment were adopted by 
the General Court during the sessions of the years 1921 and 1923, and were 
approved and ratified by the people on the 4th day of November, 1924. 

The seventieth Article of Amendment was adopted by the General 
Court during the sessions of the years 1924 and 1925, and was approved 
and ratified by the people on the 2d day of November, 1926. 

The seventy-first Article of Amendment was adopted by the General 
Court during the sessions of the years 1928 and 1930, and was approved 
and ratified by the people on the 4th day of November, 1930. The 
seventy-first Article was annulled by the ninety-second Article. 

The seventy-second Article of Amendment (introduced by initiative 
petition) was approved by the General Court during the sessions of the 
years 1936 and 1937, and by the people on the 8th day of November, 
1938, and was annulled by the seventy-fifth Article. 

The seventy-third, seventy-fourth, seventy-fifth and seventy-sixth 
Articles of Amendment were adopted by the General Court during the 
sessions of the years 1941 and 1943, and were approved and ratified by 
the people on the 7th day of November, 1944. The seventy-sixth Article 
was annulled by the one hundred and fifth Article. 

The seventy-seventh Article of Amendment was adopted by the 
General Court during the sessions of the years 1945 and 1947, and was 
approved and ratified by the people on the 2d day of November, 1948. 

The seventy-eighth Article of Amendment was adopted by the 
General Court during the sessions of the years 1946 and 1947, and was 
approved and ratified by the people on the 2d day of November, 1948. 
The seventy-eighth Article was annulled by the one hundred and fourth 
Article. 

The seventy-ninth Article of Amendment was adopted by the General 
Court during the sessions of the years 1946 and 1948, and was approved 
and ratified by the people on the 2d day of November, 1948. 



152 Constitution of Massachusetts — Amendments. 



The eightieth Article of Amendment was adopted by the General 
Court during the sessions of the years 1947 and 1949, and was approved 
and ratified by the people on the 7th day of November, 1950. 

The eighty-first Article of Amendment was adopted by the General 
Court during the sessions of the years 1948 and 1949, and was approved 
and ratified by the people on the 7th day of November, 1950. 

The eighty-second Article of Amendment was adopted by the General 
Court during the sessions of 1961 and 1963, and was approved and 
ratified by the people on the 3d day of November, 1964. 

The eighty-third Article of Amendment was adopted by the General 
Court during the sessions of 1962 and 1963, and was approved and 
ratified by the people on the 3d day of November, 1964. 

The eighty-fourth Article of Amendment was adopted by the General 
Court during the sessions of 1961 and 1963, and was approved and 
ratified by the people on the 3d day of November, 1964. 

The eighty-fifth Article of Amendment was adopted by the General 
Court during the sessions of 1962 and 1963, and was approved and 
ratified by the people on the 3d day of November, 1964. 

The eighty-sixth, eighty-seventh, eighty-eighth and eighty-ninth 
Articles of Amendment were adopted by the General Court during the 
sessions of 1963 and 1965, and were approved and ratified by the people 
on the 8th day of November, 1966. 

The ninetieth Article of Amendment was adopted by the General 
Court during the sessions of 1965 and 1967; the ninety-first Article of 
Amendment was adopted by the General Court during the sessions of 
1966 and 1967; and both Articles were approved and ratified by the 
people on the 5th day of November, 1968. 

The ninety-second Article of Amendment was approved by the General 
Court during the sessions of 1968 and 1969; the ninety-third and ninety- 
fourth Articles of Amendment were approved by the General Court during 
the sessions of 1967 and 1969; and all three Articles were approved and 
ratified by the people on the 3d day of November, 1970. The ninety-second 
Article was annulled by the one hundred and first Article. 

The ninety-fifth, ninety-sixth, ninety-seventh, ninety-eighth, ninety- 
ninth and one hundredth Articles of Amendment were adopted by the 
General Court during the sessions of 1969 and 1971, and all six Articles 
were approved and ratified by the people on the seventh day of 
November, 1972. 

The one hundred and first and one hundred and second Articles of 
Amendment were adopted by the General Court during the sessions 1971 
and 1973, and both Articles were approved and ratified by the people on 
the fifth day of November, 1974. 



Constitution of Massachusetts — Amendments. 153 



The one hundred and third Article of Amendment was adopted by the 
General Court during the sessions of 1972 and 1973, and was approved 
and ratified by the people on the fifth day of November, 1974. 

The one hundred and fourth Article of Amendment was adopted by 
the General Court during the sessions of 1972 and 1974, and was 
approved and ratified by the people on the fifth day of November, 1974. 

The one hundred and fifth Article of Amendment was adopted by the 
General Court during the sessions of 1973 and 1976, and was approved 
and ratified by the people on the second day of November, 1976. 

The one hundred and sixth Article of Amendment was adopted by the 
General Court during the sessions of 1973 and 1975, and was approved 
and ratified by the people on the second day of November, 1976. 

The one hundred and seventh Article of Amendment was adopted by the 
General Court during the sessions of 1975 and 1977, and was approved and 
ratified by the people on the seventh day of November, 1978. 

The one hundred and eighth and one hundred and ninth Articles of 
Amendment were adopted by the General Court during the sessions of 
1976 and 1977, and were approved and ratified by the people on the 
seventh day of November, 1978. 

The one hundred and tenth Article of Amendment was adopted by the 
General Court during the sessions of 1976 and 1978, and was approved 
and ratified by the people on the seventh day of November, 1978. 

The one hundred and eleventh and one hundred and twelfth Articles 
of Amendment were adopted by the General Court during the sessions of 
1975 and 1977, and were approved and ratified by the people on the 
seventh day of November, 1978. 

The one hundred and thirteenth Article of Amendment was adopted by 
the General Court during the sessions of 1976 and 1977, and was approved 
and ratified by the people on the seventh day of November, 1978. 

The one hundred and fourteenth and one hundred and fifteenth 
Articles of Amendment were adopted by the General Court during the 
sessions of 1977 and 1980, and were approved and ratified by the people 
on the fourth day of November, 1980. 

The one hundred and sixteenth Article of Amendment was adopted by 
the General Court during the sessions of 1980 and 1982, and was approved 
and ratified by the people on the second day of November, 1982. 

The one hundred and seventeenth Article of Amendment was adopted 
by the General Court during the sessions of 1987 and 1990, and was 
approved and ratified by the people on the sixth day of November, 1990. 

The one hundred and eighteenth Article of Amendment was adopted 
by the General Court during the sessions of 1996 and 1998, and was 
approved and ratified by the people on the third day of November, 1998. 



1 54 Constitution of Massachusetts — Amendments. 



The one hundred and nineteenth and one hundred and twentieth 
Articles of Amendment were adopted by the General Court during the 
sessions of 1998 and 2000, and were approved and ratified by the people 
on the seventh day of November, 2000. 



AMENDMENTS REJECTED BY THE PEOPLE. 

[A proposed Article of Amendment prohibiting the manufacture and 
sale of Intoxicating Liquor as a beverage, adopted by the General Court 
during the sessions of the years 1888 and 1889, was rejected by the 
people on the twenty-second day of April, 1889.] 

[Proposed Articles of Amendment, (1) Establishing biennial elections 
of state officers, and (2) Establishing biennial elections of members of 
the General Court; adopted by the General Court during the sessions of 
the years 1895 and 1896, were rejected by the people at the annual 
election held on the third day of November, 1896.] 

[A proposed Article of Amendment to make Women eligible to 
appointment as Notaries Public, adopted by the General Court during the 
sessions of the years 1912 and 1913, was rejected by the people on the 
fourth day of November, 1913.] 

[A proposed Article of Amendment enabling Women to vote, adopted 
by the General Court during the sessions of the years 1914 and 1915, 
was rejected by the people on the second day of November, 1915.] 

[A proposed Article of Amendment to give the General Court the 
power to pass an income tax at graduated or proportioned rates, adopted 
by the General Court during the sessions of the years 1959 and 1961 was 
rejected by the people on the sixth day of November, 1962; and similar 
Articles of Amendment adopted by the General Court during the sessions 
of the years 1966 and 1967, 1973 and 1975, and 1992 and 1994 were 
rejected by the people on the fifth day of November, 1968, the second 
day of November, 1976, and the eighth day of November, 1994.] 

[A proposed Article of Amendment authorizing the Legislature to 
classify real property according to uses, and authorizing the assessment, 
rating and taxation of real property at different rates in the different 
classes so established, but proportionately in the same classes while 
granting reasonable exemptions and abatements, approved by the 
General Court during the sessions of the years of 1968 and 1969, was 
rejected by the people on the third day of November, 1970.] 



Constitution of Massachusetts — Amendments. 155 



[A proposed Article of Amendment authorizing the General Court to 
impose and levy a graduated income tax and to base such tax upon the 
federal income tax, adopted by the General Court during the sessions of 
the years 1969 and 1971, was rejected by the people on the seventh day 
of November, 1972.] 

[A proposed Article of Amendment changing the procedure by which 
the Legislature declares a measure to be an emergency law, adopted by 
the General Court during the sessions of the years 1977 and 1980, was 
rejected by the people on the fourth day of November, 1980.] 

[A proposed Article of Amendment permitting the Commonwealth or 
its political subdivisions to extend aid to non-public schools students 
within the limits of the United States Constitution, adopted by the 
General Court during the sessions of the years 1980 and 1982, was 
rejected by the people on the second day of November, 1982; and a 
similar Article of Amendment adopted by the General Court during the 
sessions of the years 1984 and 1986, was rejected by the people on the 
fourth day of November, 1986.] 

[A proposed Article of Amendment relative to allowing the General 
Court to regulate the practice and public funding of abortions consistent 
with the United States Constitution, adopted by the General Court during 
the sessions of the years 1984 and 1986, was rejected by the people on 
the fourth day of November, 1986.] 



156 



Index to the Constitution. 



INDEX TO THE CONSTITUTION 
A 

Page 

Abatements, tax on income, general court may grant 101 

Absent voting (See Voting) 

Act of incorporation (See Corporations) 

Acts and Resolves (See Laws, Referendum) 

Adjutant general, appointed by governor, annulled 73, 1 12 

Advertising on public ways, or private property, may be 

regulated by law 112 

Affirmations (See Oaths and Affirmations) 
Agricultural and horticultural land, taxation according 

to use 139, 144 

Agricultural resources, conservation of 1 12, 138, 139 

Agriculture, encouragement of 81 

Alimony, marriage, divorce, causes of, to be heard, by governor 

and council until other provision is made by law 78 

Allegiance (See Oaths and Affirmations) 

Amendments to constitution (See Constitution, initiative, method 
of amendment by) 

Ancient landmarks, preservation of 112 

Anti-aid amendment, to constitution, so-called 
aid to individuals, private associations or 

corporations privately owned not to be given to 

by commonwealth 56,95, 101, 114, 129, 138, 141 

initiative petition, not subject to 103 

public credit, loan of, restricted by 95, 101, 1 14, 138, 141 

Antiquarian interest, property of, preservation of 112 

Apportionment 

councillor districts 76, 93, 93, 1 19, 131, 140, 145, 146 

representative districts 68, 90, 92, 93, 96, 118, 137, 139, 143, 145, 145 
senatorial districts 65, 91, 97, 119, 131, 140, 143, 145, 146 

Appropriation bill, general 

budget, to be based on 115 

special, may be enacted when 115 

Appropriations 

budget and regulation of money bills 1 15, 1 15, 142 

certain, prohibited (See also Anti-Aid Amendment to 

Constitution, so-called) 95, 102, 115, 141 

initiative or referendum petitions, not subject to . . 103, 108 

money bills, origin in house of representatives 69 



Note: — Ancient spelling used in text of original Constitution and early Amendments 
has been continued in this edition. 



Index to the Constitution. 



157 



Page 

Armies 

maintenance of, without consent of legislature prohibited 58 

troops, quartering of, regulated 60 

Arms, right of people to keep and to bear 58 

Army, person serving in, not to be disqualified from voting for 
nonpayment of poll tax or having received aid from 
a city or town 98 

Arrest 

house of representatives, members of, exempted from, when 69 

search and seizure, right of, restricted 58 

Arts, encouragement of 81 

Assemble, legislature ought frequently to 59 

Assembly 

initiative, not to apply to 103 

peaceable, the right of 59 

Association, private, credit of commonwealth not to be given 

or loaned to 114 

Attorney General 

appointment of, by governor, annulled 73, 94 

congress, member of, not to be 88 

election of 

annually, annulled 94, 1 16 

biennially , 116, 124 

quadrennially 128, 129 

determination of, by legislature 94 

governor, powers of, to be exercised by, when 1 13, 128 

incompatible offices, not to hold 83, 88 

inhabitant of commonwealth, for five years prior to 

election or appointment 94 

initiative and referendum measures, fair and concise 

summary of, to be determined by 103, 1 1 1, 120, 122 

initiative petition, form of, etc., to be submitted to .... 104, 109, 122 
amendments by petitioners, certificate to be furnished by . . 107, 126 

oath of office, prescribed 81 

form of 81, 87 

qualification 

failure to qualify within ten days .94 

residence, five years required 94 

term of office 

four years from third Wednesday in January 

following election 94, 1 16, 124, 128 

vacancy in office of, filling of, method of 

death, prior to qualification . 94, 123 



158 



Index to the Constitution. 



Page 

failure to elect 94, 123 

failure to qualify within ten days 94 

governor by, if legislature is not in session 94, 123 

legislature by, if in session 94, 123 

Attorneys, district, election of, by people of the several districts .... 95 

Auditor 
election of 

annually, annulled 94,116 

biennially 116, 124 

quadrennially 128, 129 

determination of, by legislature 94 

governor, power of, to be exercised, when 1 13, 128 

incompatible offices not to hold , 83 

inhabitant of commonwealth, for five years prior to election or 

appointment 94 

oath of office 81 

form of 81, 87 

qualification 

failure to qualify within ten days 94 

residence, five years required , 94 

term of office 
four years from third Wednesday in January 
following election .... 94, 1 16, 124, 128 

vacancy in office of, filling of, method of 

death, prior to qualification 94,123 

failure to elect 94,123 

failure to qualify within ten days 94 

governor by, if legislature is not in session 94, 123 

legislature by, if in session 94, 123 

B 

Bail 

excessive, not to be required 60 

protection from unreasonable, not subject to initiative or 

referendum petition 103, 108 

Ballot 

amendments to constitution, proposed, fair and 

concise summary of, to be printed on 1 1 1, 120, 122, 143 

form of questions, to be printed on ............ . 11 1, 120, 122, 143 

voting for civil officers by 68, 70 

Biennial elections (See Elections) 
Biennial sessions of general court 

adopted 120 

annulled 122 



Index to the Constitution. 159 

Page 

Bill 

appropriating money 

governor may disapprove or reduce items or parts 11 5, 1 34 

house of representatives, to originate 69 

general appropriation 

budget, to be based on 115 

governor may disapprove or reduce items or parts 1 15, 134 

special appropriation 
enactment of, after final action on general appropriation bill ... 115 
enactment of, before final action on general appropriation 
bill to be made only on recommendation of the 

governor 115 

Bill of Rights 

declaration of, Part the First 55-60, 142, 144 

rights given by, not subject to initiative or referendum 

petition 103, 108 

Bills and Resolves 
amendments of, governor may recommend by returning to 

general court within ten days 1 13, 134 

re-enactment of bill to be laid before governor, no right to 

again return to legislature 113,134 

effective, if signed by governor 62 

governor may return within ten days of presentation, unless 
legislature adjourns prior thereto, when such bill shall 

not become law 86, 134 

law, to become, if not signed or returned by governor within 

ten days 62, 113, 134 

exception 86 

veto of, upon written objection to by governor, to be returned 
to branch in which originated, and if passed by two- 
thirds vote of each branch present and voting by yeas 

and nays shall become law 61 

Blind, care of, in privately controlled hospitals may be 

compensated from public funds 102 

Boards and commissions, general court to supervise and regulate 

by law 116 

Boards, public, reports to be made quarterly to governor 74 

Body Politic 

formation and nature of ..... , , 54 

title of: The Commonwealth of Massachusetts 61 

Bribery or corruption, conviction of, for procuring appointment 
or election to public office, disqualification from 
holding office 83 



160 



Index to the Constitution. 



Page 

Budget 

annual 115, 122 

biennial, established, annulled 120, 122 

general court may prescribe form 115 

general appropriation bill, to be based on 115 

governor to recommend to general court 1 15, 142 

supplementary, provisions for 115 

Buildings, zoning of, general court may authorize 114 



Capital punishment 145 

Census 

apportionment of representatives 

to be based on 63, 65, 68, 1 18, 136, 139, 144, 145, 145 

inhabitants of, to be taken every tenth year 63, 136, 139 

ratable polls, annulled 90, 97 

federal standards applied 144, 145, 145 

Change of name, women notaries public to re-register 

under married name 117 

Change of residence, voter not disqualifed to vote for state 

officers, by reason of, until the expiration of six months 98 

Charitable or religious institutions 
privately controlled, care of blind, deaf or dumb in, may be 

paid for out of state funds 102 

public control of, to be exclusive, to be entitled to receive 

public funds, exception . 101, 114 

Charters, franchises or acts of incorporation, revocation and 

amendment, to remain always subject to 114 

cities and towns, adoption, amendment, recording 

or revision of 131, 132, 133, 141 

Church, religious denomination or society, public 

credit for or loan to, prohibited 101, 1 14, 141 

Cities 

aid to private schools prohibited 101 

general court may grant city charter to towns over 

twelve thousand inhabitants 86 

Cities and towns 
aid to certain institutions with public moneys 

prohibited . 101, 141 

ancient landmarks, may take for public use 112 

charters, adoption, amendment, recording or 

revision of 131, 132, 133, 144 

food and shelter in time of war, may provide 1 02 



Index to the Constitution. 161 

Page 

general court powers 133,144 

governmental powers 133 

imposition of additional costs by legislature 144 

industrial development 130 

land taking for laying out highways or streets, when 

authorized by the legislature 100 

local powers, limitation of 133 

offices of, may be held regardless of sex 117 

special laws 134 

zoning of buildings by, general court may authorize 114 

City 

law restricted to a particular, excluded from initiative 

and referendum 103, 108 

representation of, in legislature 68, 90, 91, 95, 97, 1 18, 1 19 

Civil authority, military power to be subordinate to 58 

Civil cases, right to trial by jury 58 

Civil officers 

annual election of, certain, annulled 93, 94, 1 16 

biennial election of, certain 1 16, 128 

votes, plurality of, required for election 93 

Clerk, city and town 

elections, to make records and returns of 65 

representative districts, description of each and number of 

legal voters in, to be filed with 95, 1 18 

Clerk of Courts 

election of, method of, legislature to prescribe 95 

incompatible offices, not to hold 83, 88 

Clerk of the house of representatives, incompatible office, 

not to have seat in senate or house of representatives 83 

Clerk of the Supreme Judicial Court, incompatible offices, 

not to hold 83, 88 

Cohasset, Plymouth County, to be considered part of, in the 

apportionment of representatives 96,118 

College, public funds not to be granted to, if not publicly 

owned and controlled 101,141 

Colonial Laws, continued in force if not repugnant to 

the constitution 84 

Commander-in-chief of army and navy, governor to be 72, 1 13 

Commerce, encouragement of , . . . 81 

Commissary General, office abolished ................. 77, 87, 1 13 

Commissioned officers, appointment and examination of . . . 73, 78, 113 
Commissioners of insolvency, election of, by people of 

the several counties, annulled 95,100 



162 



Index to the Constitution. 



Page 

Commissions 

civil officers, of, tenure of office to be expressed in 78 

military and naval officers, of 113 

provisions respecting the issuance of 84 

Committees or commissions, recess, members of general court 

not to be compensated for service upon, exception 116 

Common pleas, courts of, judges of, not to hold other office 88 

Commonwealth 

ancient or historical landmarks, may take for public use 112 

anti-aid amendment, so-called, public funds not to be used 

to aid or support private schools or institutions 95, 101, 141 

assumption of additional costs to cities and towns 144 

credit of, not to be given to aid private enterprises .... 1 14, 129, 141 
invasion or insurrection, may borrow money to repel or to 

assist the United States in case of war 114 

name of, established 61 

records of, secretary of the commonwealth to have custody of ... . 77 

war, may provide food and shelter during time of 102 

Compact of government, Preamble 54 

Compensation, private property, taking of, for 57 

Compulsory voting at elections, general court may provide for .... 114 
Congress 

delegates to, annulled 79 

members of, not to hold certain state offices 88 

Conservation 

natural resources, of 1 12, 138, 143 

wild forest lands, of 100, 143 

Constitution 

adoption and establishment of 54 

amendment or revision of, prior to adoption of amendment 

Art. XLVIII establishing the initiative 85, 88, 103 

departments of state government limited to twenty 116 

enrollment of, to be on parchment and to be deposited in the 

office of the secretary of the commonwealth 85 

fundamental principles of, to be maintained to assure a free 

government 59 

initiative, method of amendment by 

adoption of amendment, effective date of 106 

alternative or conflicting measures, adoption of, by the 

people, which shall govern 107 

amendment of, proposed amendment only by three-fourths 

of members voting thereon in the affirmative in 

joint session 105, 124 



Index to the Constitution. 163 

Page 

attorney general to certify if proper 104,120 

time of filing, not later than first Wednesday in August 120 

ballot 

blanks for subsequent signatures, secretary of the 

commonwealth to provide 104,120 

fair and concise summary of, to appear on 1 1 1, 122, 143 

form of Ill, 122 

definitions, initiative amendment, legislative substitute, 

legislative amendment 105 

excluded matters not subject to 103 

filing of, time of 
attorney general, not later than first Wednesday 

in August 104, 120 

secretary of the commonwealth, not earlier than first 
Wednesday in September and subsequent signatures 

not later than first Wednesday in December 104, 120 

final action by legislature in joint session on, vote to be 

taken by call of yeas and nays 105 

general court, transmission of petition to 105 

governor, when to call joint session of senate and house 

for action on proposal for amendment 105, 124 

information to voters, secretary of the commonwealth 
to cause proposed amendment to be printed and 

sent to voters Ill, 122, 143 

full text, to set forth 111,122,143 

majority and minority reports of legislative 

committees, to contain 1 1 1, 122, 143 

initiative amendment, reference to next general court upon 
receiving affirmative votes of not less than one-fourth 

of all members elected 106 

joint session of legislature to act on 105, 124 

legislafive action on, vote to be taken by call of 

yeas and nays 105 

legislative amendment 

defined 105 

introduced by member of general court, to be known as 105 

reference to the next general court upon receiving 
affirmative votes of majority of all members elected, 
if next general court agrees in the same manner, 

amendment shall be submitted to the people 106 

vote on, for approval by the voters, to be by majority 
of the voters voting thereon . 106 



164 



Index to the Constitution. 



Page 

legislative substitute 

action on 105 

defined 105 

vote on, required 105, 105 

mode of originating 104,120 

part of, to become, if approved by thirty per cent of the 
total number of ballots cast and by a majority of the 

voters voting thereon 106 

petition for 

certification of signatures on 110 

objections to 110 

certified signatures of not more than one-fourth to be 

those of registered voters of any one county 110 

circulation of, for hire or reward, law to regulate 110 

filing of, signatures of ten voters required on, submission 
to attorney general as to form, etc., filing with 

secretary of the commonwealth 104, 120 

reference to legislative committee 104 

report of, required 104 

reference to next general court, upon receiving affirmative 

votes of not less than one-fourth of all members elected ..... 105 

signatures to petitions for, regulation of 110 

signed by ten qualified voters 104,120 

submission to attorney general 104, 120 

proper form of, to approve 104,120 

submission to voters . 106 

subsequent signers, number required 104,120,126 

two general courts to consider 105 

printing of, in all editions of laws required 85 

reading of, ability to, necessary to qualify as voter 95 

Convicted felons, voting exception 146 

Co-partnership, initiative or referendum petitions, circulation by, 

for hire, general court may regulate 110 

Coroners, appointment of, by governor with advice and 

consent of council 73 

Corporations (See also Charitable or Religious Institutions) 
charter or act of incorporation of, subject to revocation or 

amendment 1 14 

initiative or referendum petitions, circulation by, for hire, 

general court may regulate 110 

private, not to be given credit of commonwealth 114 

Corrupt practices in elections, voting, disqualification for, upon 

conviction . 100 



Index to the Constitution. 



165 



Page 

Corruption or bribery, conviction of, for procuring appointment 
or election to public office, disqualification from 
holding office 83 

Council 

commissioned officers, appointment of, to confirm 73, 78, 87 

districts (See also Councillor Districts) 

number of, eight 76, 92 

election returns of certain state officers, to examine 93 

governor may call together 71 

incompatible offices, not to hold 83, 88 

judicial officers, consent of, required, to retire, annulled .... 1 14, 138 
lieutenant governor to be a member of, and to have vote in, 

except in absence of governor 75 

members of 

election of 

annual, annulled 76, 88, 93 

biennial 1 16, 124, 128, 129 

joint session of legislature, for, last Wednesday 

in May, annulled 76, 88, 92, 93 

manner of, same as governor 93 

number of, eight 76, 92, 93 

oath of office of, to be taken before president of the 

senate in the presence of two houses of assembly 82 

form of 81, 87 

officers serving directly under the governor or council 
not to be included in any of the twenty departments 

limited by the constitution 116 

opinions of supreme judicial court, may require on important 

questions of law 129 

power of governor, to be exercised when offices of governor 

and lieutenant governor are vacant 76, 93 

powers and duties, to advise the governor in the executive part 

of the government 76 

qualifications for holding office 
property ownership, freehold or other estate required, 

annulled , 64, 93 

residence within the commonwealth, five years 93 

quorum, five members to constitute 65, 76, 93 

rank of, members of, to be next after lieutenant governor in 

civil arrangement 76 

register of, may be called for by either house of the legislature .... 76 
resolutions and advice to be recorded in register and signed 

by members . 76 



166 



Index to the Constitution. 



Page 

term of office (See also members of) 
biennially, including to noon on Thursday following 



vacancy in office, legislature if in session, to fill by election 
of resident of the district by concurrent vote of senate 
and house; if not in session, to be filled by governor 

with advice and consent of the council 93, 98 

Councillor districts 
determination of, for ten year period after 

each census 93, 119, 137, 140, 145, 146 

establishment of eight 93 

federal census to be basis for apportionment of districts 145, 146 

redivision of commonwealth into, after each census 93, 1 19 

five contiguous senatorial districts to consist of 93 

Counties 

districts for choice of councillors and senators ... 64, 93, 97, 119, 137 
election of county officers, legislature to provide for exception . . 100 
land taking for laying out highways or streets, when 

authorized by the legislature 100 

laws restricted to particular counties not subject to 

initiative or referendum petitions 103, 108 

offices of, may be held regardless of sex 117 

County attorney, congressman not to be 88 

County commissioners or special commissioners in each 
county, division of county into representative 

districts, duties in respect to 96, 1 18, 137 

County treasurer, legal voters, number of, in representative 
districts of such county to be returned to, and a 

description of such districts as numbered 96,118 

Courts 

abolition of, not subject to initiative or referendum 103, 108 

clerks of, election of, by the people of the several counties . 95 

initiative or referendum petitions 

decisions of, not subject to 103, 108 

powers of, creation or abolition of, not subject to 103, 108 

rights of access to or protection of, not subject to 103 

judges of (See Judges and Judicial Officers) 

judicial powers of, not to be exercised by the executive or 

legislative branches of the government . 60 

probate courts (See Probate Courts) 
Supreme judicial court (See Judges and Judicial Officers) 
Courts or judicatories and courts of record 
administration of oaths and affirmations by 62 



Index to the Constitution. 



167 



Page 

established by general court 62 

Credit of commonwealth, certain private enterprises, 

not to be granted to 56,114,129,141 

Crimes or offences 

Ex post facto laws prohibited 59 

pardoning power of, governor and council, regulated 72, 120 

prosecution for, regulated 57 

punishment of death 145 

Criminal law, regulation of, administration of 59 

Criminal prosecutions 

trial by jury, right to, exception 58 

verification of facts, in vicinity where they happen essential 58 

D 

Deaf, care of, in privately controlled hospitals may be 

compensated 102 

Death penalty 145 

Debate, freedom of, in legislature 59 

Declaration of rights 

certain rights under, not subject to initiative petition 103 

inhabitants of the commonwealth, 

to belong to 55-60,142,144,144 

Delegates to congress, annulled by the provisions 

of the constitution of the United States 79 

Denomination, religious 
appropriation of public money not to be made to 

found any 101, 129, 141 

doctrine of any, public money not to be granted to 

institution which inculcates 101, 129, 141 

Departments 

executive and administrative work of commonwealth to be 

performed by not more than twenty departments 116 

legislative, executive and judicial, to be kept separate 60 

Distress, food, shelter and other necessaries may be provided 

during time of 102 

District attorneys 

congressmen, not to be 88 

election of, by people of the several districts 95 

Districts. (See Councillor districts) 
(See House of Representatives) 
(See Senate) 

Districts of commonwealth, law restricted to particular, 

not subject to initiative or referendum 103, 108 



168 



Index to the Constitution. 



Page 

Divisions of commonwealth, law restricted to particular, 

not subject to initiative or referendum 103, 108 

Divorce, alimony and marriage, causes to be heard by governor 

and council until other provision is made by law 78 

Doctrine, denominational, public money not to be granted to 

institution which inculcates 101 

Dumb, care of, in privately controlled hospitals may 

be compensated , 102 

Duties and excises, general court may impose and levy reasonable . . 59 

E 

Easements, preservation of natural resources, may be 

taken for 112, 138 

Ecological Bill of Rights 138 

Education, encouragement of literature 79 

Harvard College, powers and privileges 79 

loans for tuition and board 138 

private, no public aid for 101 

qualification for suffrage 95 

Education, higher, loans for tuition and board 138, 141 

aid grants to private institutions 141 

Educational undertaking, public money forbidden to, 

if not under exclusive public control 101 

Eighteenth amendment of constitution, not subject to 

initiative petition 103 

Eighteen year old voting 139 

Elections 

absent voting at, general court to provide for 101, 123, 142 

eighteen year old voting 139 

quadrennially, state officers, on first Tuesday next after 

first Monday in November 128 

compulsory voting at, general court may provide for 114 

freedom of, guaranteed, not subject to initiative or 

referendum 57, 103, 108 

physically disabled, general court may provide for 

absent voting by, at 123,142 

plurality of votes, constitutional officers must have for 93 

record of returns of votes 65, 94 

referendum on acts and resolves (See Referendum) 
Representative, failure to elect, meeting on fourth Monday 

of November 93 

voting machines may be used at 100 

Eligibility for office, sex not to affect 117 



Index to the Constitution. 169 

Page 

Emergency, necessaries of life, etc., may be provided in cases of . . 102 
Emergency Laws 

franchises, grant of certain, not be declared 108 

preamble, to contain 108 

referendum on (See also Referendum) 

repeal of certain, petitions for 109 

yea and nay vote upon, when required 117 

Eminent domain 

exercise of right of 57, 1 12, 138 

initiative, right of, not subject to 103 

Enacting style, established for all acts, statutes and laws 84 

Enforcement of law, military and naval forces may be 

employed by governor for 72, 113 

English language, knowledge of, as qualification to vote or 

eligibility to office 95 

Enrollment on parchment of constitution 85 

Equality, all persons to have 55, 56, 142, 144 

public school admission 144 

Estates, valuation of, to be taken every ten years 63 

Ex post facto laws, declared unjust and oppressive 59 

Excises, power of general court to impose and levy reasonable 59 

Executive department, legislative or judicial powers, 

not to exercise 60 

Executive and administrative departments, organized into not 

more than twenty 116 

reorganization plans, governor may prepare and present 

to general court 130 

Exemptions, tax on income, general court may grant 

reasonable 101 

Exigency, public, necessaries of life and shelter may 

be provided 102 

F 

Fees, use of, limited to highway purposes, annulled 123, 141 

Federal officers, state offices, certain, not to hold 88 

Felons, convicted, voting exception 146 

Felony, pardon of, general court may prescribe terms 72, 120 

Felony or treason, legislature not to declare subject guilty of 60 

Fines, excessive, not to be imposed 60 

Food, provision for, during time of war 102 

Forest 

conservation of resources 1 12, 138, 143 

j taxation of, land to develop and conserve 100, 143, 144 



170 



Index to the Constitution. 



Page 

Form of question, initiative and referendum, on ballot 1 1 1, 122 

Forts (See Garrisons and forts) 

Frame of government 61 

Franchise 

none for more than one year can be declared emergency law .... 108 

revocation and amendment, forever subject to 114 

Free public libraries, appropriations to maintain, permitted 102 

Freedom of debate, guaranteed in legislature 59 

Freedom of press 58, 123 

initiative and referendum on, prohibited 103 

Freedom of speech 123 

Freehold 

council, not required, for membership in 93 

general court, not required, for membership in 93 

governor, required of, provision annulled 70, 99 

G 

Garrisons and forts, commanding officers of, to report 

quarterly to governor 74 

General Appropriation Bill 

budget, to be based on 115 

submission by governor, time allotted 115, 142 

submission to governor, powers in respect to 1 15, 135 

General Court 

absent voting, may provide for 101, 123, 142 

adjournment of (See also General Court, recess of) 
bill or resolve not to become law, if governor fails to 

return the same prior to 86, 135 

disagreement between the two branches to, governor 

and council may adjourn or prorogue for period 

not exceeding ninety days 71 

governor and council upon request may adjourn or prorogue .... 71 

time of, not to exceed two days while in session, 

exception 67, 69, 1 12 

time of, not to exceed thirty days while in session 141 

agricultural and horticultural land, taxation according 

to use 139, 144 

amendment or repeal by, of laws approved by the people, 

subject to veto or referendum , Ill 

ancient landmarks, may authorize and regulate the taking of 112 

appointment 

members of, to certain offices prohibited 83, 88, 1 16 

officers of, may provide for and fix their duties 67, 69 



Index to the Constitution. 



171 



Page 

appropriations by 

initiative and referendum petitions, not subject to 103,108 

armies, maintenance of, consent of, required 58 

assembly of 

annually in January 88, 120, 122, 128 

biennially in January, annulled 120, 122 

frequently to be, may dissolve 59, 88 

governor and council may call 71 

assumption of additional costs to cities and towns 144 

base compensation, procedure 145 

bills and resolves passed by, governor to sign, veto or 

return for amendment within ten days 61, 86, 135 

bribery or corruption, conviction of, for procuring 
election to public office, disqualified from 

holding office as a member of 83 

budget, powers of, in respect to 115 

by-laws or ordinances of cities and towns, subject to 

annullment by 86 

cities, empowered to charter 86 

cities and towns, powers of General Court 133, 144 

clerks of the courts, to provide for election of 95 

commissioners of insolvency, to provide for election of, 

annulled 95, 100 

compensation of members, procedure 145 

compulsory voting, may provide for 114 

corrupt practices, persons convicted of, not to hold seats in ...... 83 

councillor districts, establishment of 93 

dissolved, to be on the day next preceding the first 

Wednesday of January next 71, 88 

district attorneys, to provide for election of 95 

ecological bill of rights, power to protect 138,143 

election of 
members of 

house 68, 116, 124, 128, 139 

senate 64, 116, 124, 128, 139 

eminent domain, may regulate the taking of land 
for highways, housing, natural resources, 

preservation of ancient landmarks . 57, 100, 102, 1 12, 138 

felony, not to declare subject guilty of 59 

food and shelter in time of war or emergency 

may be provided . 102 

freedom from arrest 69 

freedom of speech and debate in 59 



172 



Index to the Constitution. 



Page 

freehold or other estate, not required as qualification 

for holding seat in 64, 68, 93 

impeachment, powers in respect to (See House of 

Representatives, Senate) 
industrial development of cities and towns, general 

court to determine manner 130 

initiative amendment to constitution (See Constitution, 

initiative) 

judicatories and courts, may constitute and erect 62 

judicial officers, may be removed by governor upon 

address of both houses of the legislature , 78 

impeachment of (See House of Representatives; Senate) 
land and easements, power to take for protection of ....... 138, 144 

law making power of 62 

laws approved by the people, may amend or repeal Ill 

legislative department of government, to consist of a 

senate and house of representatives , 61 

legislative power of 61-63 

limitations on, initiative and referendum 103, 108 

limited town government, may establish 117 

loans to residents for tuition and board for higher 

education 138, 141 

members of, incompatible offices, not to hold 83, 88 

offices created by, during term, members not eligible to 116 

military forces, may provide to 62, 72, 73, 1 13 

military officers, may provide for appointment and 

removal of 62, 72, 1 12 

naval forces, may provide for 62, 72, 73, 1 13 

naval officers, may provide for appointment and 

removal of 62,72,73, 112 

oath of office, members of, to take 81, 87 

officers 

authority to choose own 67, 69 

civil, certain, not to be members of 83, 88 

constitutional, election of, by, in case of 

vacancy in 76, 93, 94, 123 

pardons, may prescribe terms of 72,120 

physically disabled persons, may provide for voting by 123 

property qualification of members of, annulled ....... 64, 68, 86, 93 

prorogation of, governor and council, by .................... . 71 

disagreement between two houses as to date of, may adjourn 
or prorogue for ninety days 71 

upon request of members of .71 



Index to the Constitution. 



173 



Page 

recess committees of, members of, not to receive additional 

compensation, exception 116 

recess of .... , 112, 141 

reduce size of House of Representatives 139 

referendum for repeal or suspension of laws passed by 
(See Referendum) 

registers of probate, to provide for election of 73, 95 

representatives, apportionment of, 

to the several districts 68, 90, 92, 96, 118, 136, 139, 143, 145, 145 

senatorial districts, establishment of 64, 91, 97, 1 19, 137, 

140, 143, 145, 146 

sessions of 61, 88, 1 16, 120 

members may call 88, 120, 122 

place of to be held, in cases of emergency, governor 

with advice and consent of council may designate 71 

special, in case welfare of commonwealth requires 71 

sheriffs, to provide for election of, annulled 95 

succession to powers and duties of public offices, general 

court have full power and authority to provide 129 

taxes and excises may be imposed by 62, 101 

title of. The General Court of Massachusetts 61 

town government, limited, may authorize establishment of 117 

travel expense for members of, annulled 68, 99 

treason, not to declare subject guilty of ... 60 

two branches of, to be formed by, senate and house of 

representatives, each with negative vote on the other 61 

women notaries public, may establish fee for re-registration 

of, upon change of name 117 

yea and nay vote of, required on measures for borrowing 

money 114 

on acquisitions of lands and easements 138 

on initiative matters 105, 125 

on pledging credit of Commonwealth 129 

zoning of buildings, powers as to 114 

jovemment (See also State government) 

frame of 61 

objects of 54, 55, 56, 142 

jovemor 

adjutant general, appointment by, annulled 73, 1 12 

appointments of officers by, with advice and consent 
of the council 

commissary-general, annulled 87,112 

commissioned officers 78,138 



174 Index to the Constitution. 

Page 

constitutional offices, vacancies in, filling of 87, 94, 123 

coroners 73 

council, vacancies in, may fill when legislature 

not in session , 98 

judicial officers 73 

justices of the peace 78 

militia officers, annulled and superseded 73, 87, 1 12 

notaries public 78, 87 

register of probate, annulled 73, 95 

sheriffs, annulled 73, 95 

solicitor general 73 

appropriation bills 
approval or disapproval or reduction of items or 

parts thereof, may make 1 15, 135 

general, to be based on budget 1 15, 142 

recommendation of, by, when 1 15, 142 

special, may recommend 115,142 

submission to 115,142 

bills or resolves 
law to become 

failure of, to sign within ten days 62, 1 13, 135 

signature of 61 

return of, with suggested amendments 61, 1 13, 1 15, 135 

veto power of 61, 111, 113, 115 

budget 

may prescribe form if General Court defaults 1 15, 142 

submission of, to General Court 115, 142 

supplementary, may recommend , 115,142 

commander-in-chief of army and navy, to be 72, 1 13 

commissions to be signed by 84 

continental army, officers of, to be appointed by, 

annulled. . 73, 112 

council 

advice and consent of, required on certain appointments 

(See governor, appointments of officers by, with 

advice and consent of council) 

election returns, to examine 66 

exercise of power of, annulled 76, 1 13 

general court, adjournment or prorogation of, advice 

and consent of, required 7 1 

president of, to be 75 

quorum to consist of five members and governor ....... 71, 76, 92 

vacancy in, filling of, by, when 98 



Index to the Constitution. 175 

Page 

councillors (See also Council) 

may be called together by 71, 76 

election of 

annually, annulled 70, 1 1 6 

quadrennially 116,124,128,129 

general court, powers in respect to (See also General Court) 

adjournment, prorogation and convening of, by, with 

advice of the council 71, 88 

joint session of, calling of, by, when 105,124 

incompatible offices, not to hold 83, 88 

judicial officers 

removal of certain 78, 138 

retirement of certain, powers as to 78, 1 14, 138 

laws, certain, may be made effective forthwith by 108 

lieutenant-governor, candidates for office of, to be grouped 

with governor under political parties on official ballot 130 

loans, contracted by the commonwealth, term of, to be 

recommended to the general court by 114 

military and naval officers to be commissioned by ......... 73, 1 12 

oath of office, to take before president of the senate in 

presence of both branches of the general court .......... 81, 87 

form of 81, 87 

office of, deemed vacant if determined that, is unable to 

perform duties 135 

opinions of supreme judicial court, with consent of council, 

may require on important questions of law ............ 78, 129 

pardon, powers of, limited 72, 120 

qualifications of, for office 

property, ownership of, annulled 70, 99 

residence, seven years required 70 

reorganization plans, may prepare and present to 

general court 130 

salary of, to be stated and honorable 74 

secretary of the commonwealth, attendance of, 

or by his deputies, may require 77 

term of office 
four years including to noon on Thursday following 
the first Wednesday in January in the fifth year 

following election 116,123,128 

title of 

His Excellency 70 

styled. The Governor of the Commonwealth of 
Massachusetts 70 



176 



Index to the Constitution. 



Page 

vacancies in certain constitutional offices, 

may fill, when 94, 123 

vacancy in office of, powers of, to be exercised 

by whom 75, 76, 113, 123, 129 

if determined that governor is unable to 

perform duties 135 

veto power of 61,111,113,115,135 

measures approved by the people, 

not to extend to Ill 

Governor and Council 

commissioned officers, removal of 78, 87, 100 

contempt of, power to punish for , .... 69 

election returns to be examined by 66 

judicial officers, removal of 78 

marriage, divorce and alimony, jurisdiction over, until other 

provision is made by law 78 

officers serving directly under, not to be included in state 

departments 116 

opinions of supreme judicial court, may require on important 

questions of law 78 

secretary of the commonwealth, may require attendance of, in 

person or by his deputies 77 

Grants-in-aid, private educational institutions, students and 

parents 141 

Guardian, consent of, required for minor in publicly controlled 

reformatory to attend religious services 102 

H 

Habeas corpus, privilege of writ 84 

Handicapped, not to be discriminated against solely due to ....... 144 

Harvard College 

government of college may be altered by legislature 79 

officers of, may not be elected members of general court, 

annulled 80, 98 

powers, privileges, gifts, grants and conveyances confirmed ..... 80 
Hearings, public 

on initiative matters 104 

on reorganization plans 130 

Hereditary offices, declared to be absurd and unnatural 56 

Highways 

legislature may provide for taking of land for widening 



or relocating .57, 100, 101 



Index to the Constitution. 



177 



Page 

taxes and fees from vehicles used on, to be expended 

on highways 123 

taxes and fees from vehicles, to be expended on highways 

and mass transportation purposes 141 

Historical property, preservation of 112 

Homes for citizens, powers of general court to take land to 

relieve congestion, etc. 101 

Hospital 

compensation for care of deaf, dumb or blind in privately 

controlled, authorized 102 

public money not to be granted to, if not publicly owned, 

exception 102 

House of Representatives 
adjournment of, not exceeding two days at a time, permitted ..... 69 

annual election of members, annulled 67, 1 16 

arrest of member on mesne process prohibited, when 69 

biennial election of members 116,124,128,129,136,139 

clerk of, not to be legislator 83 

compensation of members of, procedure 145 

contempt, may punish for, etc 69 

debate, freedom of 59 

districts, apportionment 

of 68, 90, 92, 92, 96, 118, 137, 139, 143, 145, 145 

election to, on the Tuesday next after the first 

Monday of November 93, 116, 129 

emergency law, five members of, may request call of 

yeas and nays on preamble to 108, 1 17 

failure to elect members to, meeting to be held on the 

fourth Monday of November 93 

grand inquest of the commonwealth, to be 69 

impeachments, to originate in 67, 69 

members of 

compensation, procedure .145 

instruction of, by the people 59 

oath of office to take 81 

form of , 81, 87 

money bills to originate in 69 

objections by governor to bill or resolve, to be entered 

upon records of 61 

officers of, may choose 69 

privileges of members 69 

qualifications of members of 
judges of, to be 69 



178 



Index to the Constitution. 



Page 

members must be inhabitant of district for one year 
preceding election, ceases to be member if he 
ceases to be inhabitant of commonwealth . . 68, 95, 118, 137, 139 

quorum of 69, 96, 99 

recess of, not more than thirty days, may take, by 

concurrent vote with the senate, when 1 12, 141 

representative districts 
division of counties into, by county commissioners 

or other acting board, etc 68, 92, 95, 1 18, 137 

federal census to be basis of apportionment 145, 145 

one hundred sixty in number, of contiguous territory, 

equally, according to relative number of legal voters 139 

single representative districts 137, 139 

three representatives, maximum for any one 118 

two hundred forty in number, apportioned to the several 
counties, equally, according to relative number of 

legal voters 68, 95, 118 

rules of, may establish 69 

secretary of the commonwealth, may require attendance of, 

in person or by deputy 77 

sessions of 

annual 61, 88, 1 16, 122 

assemble frequently 59 

biennially, annulled 120,122 

single representative districts 137, 140 

supreme judicial court, opinions of, may require, when 78, 129 

terms 116, 122, 128 

towns not choosing members to, may be fined 68 

travel expense for members of, provision annulled 68, 99 

I 

Impeachments, by house of representatives, to be tried by senate, 
limitation of sentence, but party convicted liable to 

indictment . , 67, 69 

Incarcerated felons, voting exception 146 

Income, tax on, general court may impose and levy 101 

Incompatible offices 83, 88 

Incorporation, acts of, forever subject to revocation and 

amendment 114 

Individuals, handicapped, prevent discrimination against . , 144 

Industrial development of cities and towns 130 

Infirmary (See Institution) 



Index to the Constitution. 179 

Page 

Information for voters, secretary of the commonwealth to 

send to voters under the initiative or referendum ... 1 1 1, 122, 143 

Inhabitant, word defined, etc 57, 65, 1 17 

Inhabitants 
census of (See Census) 

food and shelter during time of war, exigency, etc., to be 

provided with 102 

Initiative petition for a law (for amendment to Constitution see 
ConstitiJtion) 

amendment self-executing but legislation may be enacted to 

facilitate operation 112 

amendment of, by petitioners 107, 126 

attorney general to certify 107, 126 

filing of, before first Wednesday in June with state 

secretary 107, 126 

first ten signers to sign 107, 126 

subsequent signatures, number of 107, 126 

time of filing 107, 126 

submission of, to the people 107, 126 

attorney general 

certification of, by 107, 126 

filing of, not later than first Wednesday in August 107, 126 

ballot 

fair and concise summary to be printed on Ill, 122, 122, 143 

form of Ill, 122, 122 

blanks for subsequent signatures, secretary of the 

commonwealth, to provide 107,126 

definition of ..................... 103 

excluded matters not subject to 103 

failure of general court to enact law, procedure 104, 120 

subsequent signatures to complete, number of 104, 120 

filing of, time of 
attorney general, not later than first Wednesday in 

August 107, 126 

secretary of the commonwealth, not earlier than first 
Wednesday in September and subsequent signatures 

not later than first Wednesday in December 1 04, 1 20 

general court, transmission to 104 

information to voters 1 1 1, 122, 143 

ftill text, to set forth . 1 1 1, 122, 143 

majority and minority reports of legislative committee, 
to contain Ill, 122, 143 



180 



Index to the Constitution. 



Page 

secretary of the commonwealth to print and send to 

voters Ill, 122, 143 

law, to become, if approved by thirty per cent of the total 
number of ballots cast at such election and also by a 
majority of the voters voting thereon, thirty days 

after such state election 106, 125 

legislative substitute 
ballot, to be submitted on and grouped with as an alternative 

therefor , 105 

yea and nay vote of legislature required on 105 

mode of originating 104, 120 

petition for 

certification of signatures 110 

objections to 110 

circulation of, for hire or reward, law to regulate . 110 

reference to legislative committee , 104 

signatures, to petition for, regulation of 110 

signed by ten qualified voters 104, 120 

submission to attorney general 104, 120 

submission to voters 106, 124 

vote on 

legislature, by, yea and nay vote required 106, 124 

Insolvency, commissioners of, election of, annulled 95, 100 

Institution 

compensation for care of deaf, dumb or blind in 

privately controlled, authorized 102 

public money not to be granted to, if not publicly 

owned, exception . 101 

Institution of learning, denominational doctrines 

wherein inculcated, not to be aided by 

public money or credit 95, 101 

Insurrection, money may be borrowed by commonwealth 

to suppress 114 

Invasion 

military and naval forces may be employed by governor 

to repel 113 

money may be borrowed by commonwealth to repel 114 

J 

Journals of the House and Senate, yea and nay vote upon any 

amendments to constitution, to be entered on 105 

Judges and Judicial Officers 
appointment of, by governor with consent of council 73 



Index to the Constitution. 



181 



Page 

impeachment of 67, 69 

incompatible offices, not to hold certain 83, 88 

initiative or referendum not subject to as to appointment, 

recall or removal 103, 108 

oath of office, to take 81 

form of 81, 87 

oath or affirmation, may administer 62 

recall of, not to be proposed by initiative 108 

removal of, by governor, upon address of both houses 78, 138 

retirement of, on pension, by governor with consent 

of council 78, 138 

retirement of, at age seventy 138 

salaries of, not subject to initiative or referendum 

petition 103, 108 

supreme judicial court, of 
opinions of, upon important questions of law to render 
when required by governor and council or either 

branch of legislature 78, 129 

salary of justices of, to be honorable and established 60, 74 

term of office of, during good behavior 78, 138 

tenure of, during good behavior . 78, 138 

Judicatories and Courts 

establishment by general court of, authorized , 62 

oaths and affirmations, empowered to administer 62 

Judicial decision 

reversal of, not subject for initiative petition 103 

Judicial department 

legislative or executive powers, not to exercise 60 

Jury, trial by 

initiative or referendum, not subject to 103, 108 

right to, secured 57 

Justices of the peace 

appointment of, by governor with advice of council 78 

incompatible office, restrictions on holding of, not to apply to .... 83 

judges may be appointed as 83, 88 

oath of office 81, 87 

removal of 78 

term of office, seven years, but commissions may be renewed .... 78 

L 

Land, general court, powers in respect to 

taking of 57, 100, 101, 112, 138, 143 

Landmarks, ancient, preservation of 112 



182 



Index to the Constitution. 



Page 

Law - martial 60 

Laws 

approved by people, may be amended or repealed by 

general court Ill 

city, town or district, particular, pertaining to, not 

subject to initiative or referendum 103, 108 

continuance in force of province, colony and state, not 

repugnant to constitution 84 

effective date of 

approved by voters 106,109 

passed by general court 108 

emergency, to contain preamble 108 

enacting style of 84 

ex post facto, prohibited 59 

general court, power of, to enact 62 

initiative under (See Initiative) 
referendum on (See Referendum) 

remedy in, and recourse to, every person to have, for injury 

to person or property , 57, 57 

suspension of execution of, power of, only in the legislature 59 

exception 103, 108 

Learning, institution of, wherein denominational doctrines are 

inculcated, not to be aided by public money or credit ....... 101 

Legal obligations, public money or credit may be granted to 

carry out certain 101 

Legal voters 
enumeration of, to determine apportionment of 

representatives 96, 118, 137, 140, 143, 145, 145 

senators 97, 119, 137, 140, 143, 145, 146 

Legislative substitute or legislative amendment, term defined 105 

Legislative department, executive or judicial powers, not to 

exercise . 60 

Legislative power 

general court, vested in, exception 62, 103 

people, of the, limitations . 108 

Legislative (See General Court) 

Liberty of press, freedom of, essential to security 58, 123 

Libraries, free public, appropriations may be made for 

maintenance of , 101 

Licenses, circulators for hire of initiative and referendum 

petitions, general court may require 110 

Lieutenant governor 
council, president of, in absence of governor 75 



Index to the Constitution. 1 83 

Page 

election of 

annually, annulled 75,88,116 

quadrennially 116,124,128,129 

governor, to act as, when chair is vacant 75, 124, 128 

governor, candidates for office of, to be grouped with, 

under political parties on official ballot 130 

incompatible offices, not to hold certain 83, 88 

member of council, to be 75 

oath of office, to be taken before president of senate, in 

presence of both houses 81, 82, 87 

qualifications of 75, 99 

term of office of 75, 88, 1 16, 124 

four years, including to noon on Thursday following 
the first Wednesday in January in the fifth year 

following election 1 16, 124, 128 

title of. His Honor , 75 

Limited town government, towns of more than six thousand, 

general court may establish 117 

Literature and sciences, encouragement of ... 78 

Loans 

payment of certain, from revenue of the year in which created ... 114 
yea and nay vote, required for 114 

Localities of commonwealth, law restricted to particular, 

excluded from initiative and referendum . 103, 108 

Local self-government, right of 131 

M 

Magistrates 

excessive bail or sureties not to demand, excessive 

fines or punishment not to impose , 60 

protection from unreasonable bail, not subject to 

initiative or referendum petition 103, 108 

Major generals (See Milida, military and naval forces) 
Male, word omitted from provisions for qualifications of 

voters for office 86, 1 17 

Manufactures, encouragement of 81 

Marriage 

change of name by, women notaries public to re-register ....... 117 

divorce and alimony, causes of, to be heard by governor and 

council, until other provision is made by law , 78 

Martial law (See Law-martial) 

Mass transportation, use of revenue from operations of vehicles 

upon highway, to support 141 



184 



Index to the Constitution. 



Page 

Military power, subordinate to civil authority, to always be 58 

Militia, military and naval forces (See also Army, See also Navy) 

appointment and removal of officers of 62, 72, 73, 1 12 

establishment of, and recruitment 62, 72, 73, 1 12 

magazines, public, and stores, superintending officers of, 

reports to be made by, to governor quarterly 74 

Mineral resources, conservation of , 112, 138 

Minor, attendance of, at religious services in institutions not 

compulsory, exception 102 

Money 

all, received by commonwealth, to be paid into treasury 115 

bills, to originate in house of representatives 69 

borrowed, expenditure of, limited 114 

borrowed in anticipation of receipts from taxes, 

when to be paid 114 

governor may disapprove or reduce items or parts of 

items in bills appropriating 115,135 

highway fund, for mass transportation purposes 141 

initiative, certain appropriations of, excluded from 103 

issuance of, from treasury by warrant of governor 74 

Moneys, public schools, appropriated for, not to be applied 

for support of sectarian schools 95, 101 

Municipal, state or county office, person may hold 

regardless of sex 117 

Municipal or city governments, general court may create 86 

N 

Name 

change of, by women notaries public 

commission rendered void by, annulled 1 14, 1 17 

re-registration 117 

Natural history, encouragement of 81 

Natural resources, conservation of 112, 138, 143 

Natural, essential and unalienable rights, persons, all, 

to have 55, 142 

Naval forces (See Militia, military and naval forces) 
Naval Officers 

appointment, removal and selection of 112 

oaths, must take 81, 87 

senator or representative, office of, not to hold 83 

Navy, person serving in, non-payment of poll tax, or aid 

received from city or towns, not to disqualify 

from voting, when 98 



Index to the Constitution. 185 

Page 

Necessaries of life, provision for, in time of exigency or war 102 

Nineteen year old voting 138 

Notaries public 

appointment of, by governor with advice of council 78, 87 

incompatible offices, not to hold, exception 83 

oath of office 81, 87 

office, term of seven years 87 

removal of ......... 78, 100 

women, re-registration of, upon change of name 1 14, 1 17 

O 

Oaths and affirmations 

civil and military officers, all to take 81, 87 

form of 81,87 

public officers, to take 81, 87 

Quakers, may affirm 82, 87 

Offences and crimes 

pardon of, regulated 72, 120 

prosecutions for, regulated 57 

right of access to courts and trial by jury not subject to 

initiative and referendum petition 103, 108 

Office 

eligibility to, person must be able to read and write the 

English language 95 

equality of eligibility to, all persons qualified to have 57 

general court, member of, not eligible to a particular, if 

created during his term 116 

incompatibility of 83, 88 

rotation in, right secured 57 

sex, not a disqualification for any 117 

Office of trust, person convicted of bribery, not to hold 83 

Officers 

civil, legislature may provide for naming and settling of 62 

commission, tenure of office of, to be expressed in ..... , 78 

former government, of, continued 84 

forts and garrisons, commanding, of, reports to be made to 

governor quarterly . 74 

Officers and magistrates, accountable to the people 71 

Offices, plurality and incompatibility of, prohibited 83, 88 

P 

Pardons 

governor with advice of council may grant 72, 120 



186 



Index to the Constitution. 



Page 

granting of, before conviction, prohibited 72,120 

persons convicted before senate by impeachment of 

house not subject to 72, 120 

terms of, if felony, general court may prescribe 120 

Parent, consent of, required to have minor in publicly controlled 

reformatory attend religious services 102 

Pauper, word omitted from provisions for qualifications 

of voters for office 138 

Peaceable assembly 

right of people to 59 

right of, not subject to initiative 103 

Penal institutions, opportunity of exercise of religious faith, 

inmate not to be deprived of, in publicly controlled 102 

Pension, judicial officers may be retired on 78, 1 14, 138 

People 

arms, right to keep and bear for public defense 58 

assembly, right of guaranteed 59 

initiative, certain powers under, reserved for 103 

submission of constitutional amendments and laws to the, 

by initiative 103 

Person and property, remedy for injury to, general court by 

law to provide 57 

Petition, right of (See Art. XIX) 59 

Petition, right of, initiative and referendum, mode of 

originating 104, 109, 120, 121 

Plantations, unincorporated, tax paying inhabitants 

thereof, may vote for councillors and senators 65, 66, 86 

Pledging credit of Commonwealth 129 

Political year, begins first Wednesday of January 61, 88 

Poll tax, payment of as prerequisite for voting, annulled .... 86, 98, 99 
Polls (See Census) 

Popular government, right of, guaranteed 56 

Popular initiative and referendum 103 

Population, relief of congestion of, power to attain authorized 101 

Postmaster, state office, may hold 88 

Preamble to constitution 54 

Preamble, emergency 

laws to contain, when 108 

vote, separate, to be taken on 117 

yea and nay vote, when to be taken on 117 

President of senate 

choice of 67 

duty, to preside over joint sessions of the two branches . . 82, 105, 124 



Index to the Constitution. 



187 



Page 

governor, lieutenant-governor and councillors, oath of office, 



to administer 82 

Press, liberty of 

essential to security of freedom 58, 123 

initiative, not subject to 103 

Private association, credit of commonwealth not to 

be given to . . 101, 1 14, 141 

Private property 

advertising on, may be restricted if within public view 112 

initiative, taking of, not subject to 103 

public uses, for, taking of, compensation to be made 57 

Privileges, hereditary, prohibited 56 

Probate courts 

appeals from certain decisions of, to be heard by governor 

and council until other provision is made by law 78 

holding of 78 

judges of, incompatible offices, not to hold . 83, 88 

registers of, elected by people of the several counties ........ 73, 95 

incompatible offices, not to hold . 83, 88 

Property 

income derived from various classes of, rates upon, how 

levied . 101, 144 

initiative, not to be used in contravention of protection of ...... . 103 

right of protection of, guaranteed 57 

Property qualification for holding office, 

annulled . 70, 75, 86, 90, 92, 95, 99 

Prorogation of general court (See General Court, prorogation of) 

Prosecutions (See Crimes or offences) 

Provincial laws, continued in force if not repugnant to 

constitution 84 

Public credit 

church, etc., not to be used to found any 101 

private association, not to be used to aid 101, 1 15, 141 

Public debts, contracting of 114 

Public exigency, necessaries of life may be provided during ...... 102 

Public hearings: 

on initiative matters 104, 125 

on reorganization plans 130 

Public libraries, appropriations may be made for support of ...... . 101 

Public magazines and stores, superintending officer of, reports 

to be made quarterly to governor 74 

Public offices 

equality of eligibility to 56 



188 



Index to the Constitution. 



Page 

rotation in, right of people to, secured 57 

Public use 

historic sites 1 12 

initiative, right of compensation for private property 

appropriated to, not subject to 103 

natural resources 112,143 

necessaries of life 102 

Public ways, advertising on, may be restricted 112 

Punishments, cruel and unusual, not to be inflicted 60, 145 

Q 

Quakers, affirmation, may make 82, 87 

Qualifications (See also oaths of office under each office) 

attorney general 5 years residence 94 

auditor 5 years residence 94 

councillors 5 years residence 65, 76, 93 

governor 7 years residence 70, 99 

lieutenant governor 7 years residence 70, 75, 99 

representatives 1 year residence of district . . 68, 69, 96, 119 

secretary 5 years residence 94 

senator 5 years residence 67, 97, 1 19 

treasurer 5 years residence 94 

voters (See Voters) 

Quartering of troops 60 

Quartermasters (See Militia, military and naval forces) 

Quorum 

council 71,76,93 

house of representatives 69, 96, 99 

senate 67, 97, 99 

R 

Ratable polls (See Census) 

Reading, knowledge of, necessary qualification for voting or 

holding office 95 

Rebellion, suppression of, governor may employ military and 

naval forces 72 

Records of commonwealth (See Commonwealth) 
Referendum on a law 
abuses arising from circulating petitions for hire or reward, 

regulation of 110 

acts of general court, submission to people to accept or reject, 

annulled 100,112 



Index to the Constitution. 



189 



Page 

ballot 

approval or disapproval of general court with vote to 

appear on Ill, 121, 122 

description to appear on, annulled 1 11, 121, 122 

fair and concise summary of, to appear on 122, 143 

form of Ill, 121, 143 

blanks for subsequent signatures 

secretary to provide . 109, 109, 121, 121 

definition of 103 

effective date of laws, submitted on 108 

emergency laws 
governor may declare, any law on which suspension 

or repeal is asked on, at any time before election 108 

repeal of, if not excluded matter 108, 109 

suspension of, does not apply to 108 

excluded matter, not subject to 109 

general court, right to amend or repeal law approved 
by the people Ill 

information to voters 1 1 1, 122, 143 

contents of Ill, 122, 143 

secretary to print and send to each registered voter 1 1 1 , 122 

secretary to print and send to each household with 

registered voters 143 

petitions 

certain matters excluded 108 

contents of 108, 109, 121 

filing of, with secretary 109, 109, 121 

time of, not later than thirty days after law has 

become a law 109,109 

repeal of a law 109,121,121,127 

signatures 

limitation on 110 

number required 109,109,126,127 

suspension of a law , . 109, 121, 121, 127 

resolve of the general court, submission to people 

to accept or reject, annulled 100, 1 12 

secretary of the commonwealth, duties 

relative to 108, 109, 111, 120, 121, 122, 126, 127, 143 

self-execution of provisions of, but legislation may be enacted 

to facilitate their operation 112 

veto power of governor, not to extend to measures approved 

by people Ill 



190 



Index to the Constitution. 



Page 

votes necessary for approval by people 109,109,126,127 

Reformatory, inmate of publicly controlled, not to be 

deprived of opportunity for religious exercises 102 

Registers of deeds, incompatible offices, not to hold 83, 88 

Registers of probate 

appointment of, by governor, annulled 73, 95 

election of, legislature to prescribe 95 

incompatible offices, not to hold 83, 88 

Religion 

free exercise of, protected 101 

initiative or referendum, measure relating to, 

not subject of 103, 108 

Religious denominations 

equal protection secured to all 56,101,142, 144 

public money not to be appropriated to found or 

maintain any 101, 141 

subordination of one to another prohibited 55, 89 

Religious services, inmate of publicly controlled institution 

not to be compelled to attend 102 

Religious societies 

election of their own pastors 56, 89 

membership of, defined , 89 

public money not to be appropriated to found or 

maintain any 101,141 

Religious worship 

protection of 55, 89, 101, 103, 108, 142 

support of ministry, annulled 55, 89 

Reorganization plans . 130 

Representative districts (See House of Representatives) 
Representatives (See House of Representatives) 
Residence, change of, not to disqualify voter for six months 

when voting for state officers 98 

Residence qualifications (See Qualifications) 
Resolves (See Bills and Resolves) 

Resources, natural, of commonwealth, conservation of 1 12, 138 

Retirement (See Judges and Judicial Officers) 

Returns of records of votes 65, 70, 93, 94 

Revenue 

loan for money borrowed in anticipation of taxes, may be 

paid from certain 114 

payment into treasury of, from whatever source collected 115 

use of, received from operation of vehicles upon highways, 

limited, annulled 123, 141 



Index to the Constitution. 191 

Page 

Right of local self-government 131 

Right of peaceable assembly (See Peaceable assembly) 
Rights, declaration of (See Declaration of rights) 
Rights, water and mineral 

taking of, etc 112, 138 

s 

Sailors (See Navy) 

Sale of public lands, to provide for homes for citizens 101 

Schools 

common or public, support of , 95, 101 

loans to residents for tuition and board 138, 141 

no denial of admittance to public, on basis of race, color, 

national origin or creed . , . 144 

public money or credit not to be extended to any 

school ....... 95, 101, 141 

Science, encouragement of .......... 81 

Seal of the Commonwealth, commissions, to be affixed to all ...... 84 

Search 

right of, regulated 58 

unreasonable, not subject for initiative 103 

Secret voting, preservation of, when compulsory voting or 

voting machines authorized 100, 1 14 

Secretary of the Commonwealth 
attendance, in person or by deputy, as required by governor 

and council, senate and house 77 

certification by, of number of representatives to which each 

county is entitled ................................ 95, 1 1 8 

commissions to be attested by 84 

constitution enrolled on parchment to be deposited with 85 

deputies, appointment of, etc. 77 

districts, description of, and number of legal voters in each, 

senate, to be returned to 97, 1 19 

election of 

annually, annulled 77, 94, 1 16 

quadrennially 116,128 

determination of, by legislature . 94 

legislature, by, annually in joint session, annulled . 77, 94 

failure to elect, method of filling vacancy 94, 124 

governor, power of, to exercise, when 1 13, 128 

incompatible offices, not to hold 83 

inhabitant of commonwealth to be, for five years prior to 

election or appointment 94 



192 



Index to the Constitution. 



Page 

initiative and referendum, duties 

with regard to 104, 109, 111, 120, 121, 122, 126, 127, 143 

legal voters, number of, to be returned to 95, 118 

legislator, not to be 83 

oath of office, to take 81 

form of 81,87 

qualification 

failure to qualify within ten days , . , . . 94, 124 

residence five years, required 94 

records of the commonwealth, to be kept in office of . 77 

term of office, four years from third Wednesday 

in January following elecdon 77, 94, 1 16, 124, 128 

vacancy in office of, method of filling, by 

governor 87, 94, 123 

legislature 94, 123 

votes, return of records of, to (See Votes, return of records of) ... . 93 
Sectarian schools, maintenance of, at public expense, 

prohibited 95, 101 

Seizure, right of, restricted 58 

Selectmen, town meetings, elections, to preside over 65, 70 

Self government, right of, secured 56 

Senate 

adjournment of, not exceeding two days at a time, permitted ..... 67 

annual election of, annulled 65, 124 

apportionment of districts 65, 97, 119, 140, 143, 145, 146 

biennial election of members of 1 16, 124, 128, 129 

compensation of members, procedure 145 

contempt of, may punish for, etc. 69 

debate, freedom of 59 

districts, forty in number 65, 91, 97, 1 19, 137, 140 

election to, on the Tuesday next after the first 

Monday of November 65, 93 

emergency law, two members of, may request call of 

yeas and nays on preamble to 108, 1 17 

first branch of legislature, to be 65 

federal census to be basis for apportionment of districts .... 145, 146 

forty members, to consist of 65, 91, 97, 1 19, 137, 140 

impeachments, to be tried by 67, 69 

oath of office, to take 81 

form of 81, 87 

offences against, may punish for certain 69 

officers of, to be chosen by 67 

opinions of justices and supreme court, may require, when ... 78, 129 



Index to the Constitution. 



193 



Page 

qualifications for membership in . . . 65, 67, 93, 97, 98, 1 19, 137, 140 

judges of, to be 66 

quorum of 67, 97, 99 

recess of, for not more than thirty days, may be taken by 
concurrent vote with the house of representatives, 

within first sixty days 1 12, 141 

rules of, may establish 67 

secretary of commonwealth, may require attendance of, in 

person or by deputy 77 

sessions of 

annual 61, 65, 88 

assemble frequently ,59 

biennial, established, annulled 120,122 

supreme judicial court, may require opinions, when 78, 129 

terms , 61, 88, 128, 140, 145 

vacancy in membership of, filling of 66, 97 

veto of bills or resolves by governor, to be 

entered in records of, etc 61 

votes for members, to be examined by governor 

and at least five councillors 66 

yeas and nays on preamble, two members may request call of ... 117 

Sex, public office may be held regardless of 86,117 

Shelter, etc., may be provided during time of war, public 

exigency, etc 102 

Sheriffs 

election of, by people of the several counties 73, 95 

incompatible offices, not to hold 83, 88 

Silver, computation of value of money to be in 83 

Single member districts 1 19, 137, 140 

Soldier (See Army) 

Soldiers' Home in Massachusetts, appropriations may 

be made for 101 

Solicitor General 

appointment of 73 

incompatible offices, not to hold 83, 88 

Special appropriation bills (See Appropriation bills, general) 

Speaker of the House, choice of 69 

Speech 
freedom of 

initiafive not subject to 103 

in either house of the legislature 59 

right of free, shall not be abridged 123 



194 



Index to the Constitution. 



Page 

State census (See Census) 

State government, administrative and executive departments, 



not more than twenty 116 

State office, sex not a disqualification for 86, 1 17 

State or body politic, title of: The Commonwealth of 

Massachusetts 61 

Statutes, effective date of 108 

Streets, taking of land for, power of legislature 100, 101 

Superintending officers of public magazines and stores, 

reports to be made quarterly to governor 74 

Supreme judicial court (See Judges and Judicial Officers) 

Sureties, excessive, not to be required , . 59 

Suspension of laws 59,109 

T 

Tax, payment of, as prerequisite for voting, annulled 86, 98 

Tax on income, general court may impose and levy 101 

Taxation 

classification of property 144 

consent of people, should be founded on . . 57, 59 

forest lands, of ... 100, 143 

general court, certain powers of, as to ... 63, 101, 101, 139, 143, 144 
public schools, for, not to be used to aid 

other schools or institutions 101 

wild lands, of 100, 143 

Taxes 

consent of people required 59 

excises or license, relating to registration, operation or 

use of vehicles on public highways 123,141 

imposition of, by legislature . 63, 101 

money borrowed in anticipation of, to be paid in year of loan .... 114 
valuation of estates for tax purposes, once in ten years 63 

Tenure of office (See respective offices) 

Titles 

body politic — The Commonwealth of Massachusetts . 61 

governor — His Excellency 70 

legislature — The General Court of Massachusetts 61 

lieutenant governor — His Honor 75 

Town (See Towns) 

Town Clerk (See Clerk, city and town) 

Town meetings, selectmen to preside at 65, 70 

Towns 

aid to certain institutions, prohibited 101 



Index to the Constitution. 195 

Page 

ancient landmarks, may take for public use 112 

chartered as cities, when 86 

fine Ynay be imposed upon, for failure to choose representatives ... 68 
law restricted to a particular, not subject to initiative or 

referendum 103, 108 

limited town government, legislature may establish 

if population more than six thousand 117 

representation of, in legislature 68, 90, 91, 1 17, 1 18 

voting precincts in 98 

war, food and shelter, may provide in time of ... 102 

Towns and cities 

aid to certain institutions by taxation forbidden 101 

ancient landmarks, may be taken for public use 112 

charters, adoption, amendment, recording or 

revision of 131, 132, 133, 134, 144 

general court powers 133, 144 

governmental powers of 133 

imposition of additional costs by legislature 144 

industrial development 130 

land taking for laying out highways or streets, when 

authorized by the legislature 100 

local powers, limitation of . , 133 

offices of, may be held regardless of sex 117 

public emergency, may provide food and shelter during 102 

special laws 134 

zoning, of buildings, general court may authorize 1 14 

Trades, encouragement of 81 

Travelling expense, members of general assembly, for, 

annulled 68, 99 

Treason or felony, legislature not to declare subject guilty of 60 

Treasurer and Receiver General 
election of 

annually, annulled 77, 94, 1 16 

quadrennially 116,124,128,129 

detennination of, by legislature 94 

eligibility for 94 

legislature, by, annually in joint sessions 77 

annulled 94 

failure to elect, method of filling vacancy 94, 124 

governor, power of, to exercise, when 1 13, 128 

incompatible offices, not to hold 83, 88 

inhabitant of commonwealth to be, for five years prior to 

election or appointment 94 



196 Index to the Constitution. 

Page 

legislator or congressman, not to be 83, 88 

oath of office, to take 81 

form of 81, 87 

qualification 

failure to qualify within ten days 94 

residence five years required 94 

tenure of office of, limited, annulled , 77, 124, 128 

term of office, four years from third Wednesday 

in January following election 77, 94, 116, 124, 128 

vacancy in office of, method of filling by 

governor , 87, 94, 124 

legislature 94, 124 

Treasury 

appropriation of certain money from, exempt from 

initiative, referendum , 103, 108 

payment into, of all moneys received 115 

warrant of governor required for issuance of money 

from, exception 74 

Trial by jury 

criminal and civil cases, guaranteed in, except in army 

or navy 57, 58 

right of, secured, not subject to initiative . 57, 58, 103 

U 

Unalienable rights, certain, all men to have 55, 142 

Uniform rate of tax, levied throughout commonwealth on 

incomes derived from same class of property 101 

exception 144 

United States 

commonwealth may borrow money to assist, in case of war 114 

federal officers, not to hold certain state offices 88 

University at Cambridge (See Harvard College) 

Unreasonable search, protection from, not subject for 

initiative 58, 103, 109 

V 

Valuation of estates, every ten years, to be taken 63 

Value of money, computation of, to be in silver . 83 

Vehicles, expenditure of certain money received from operation 

of, on public highways, limited 123, 141 

Veto power of governor (See Governor) 



Index to the Constitution. 



197 



Page 

Vote 

borrowing money by commonwealth, two-thirds required in 

each house 1 14 

limited town meeting, application for establishment of, to be 

by, of town 117 

yea and nay, in each house upon measures having emergency 

preamble, upon request 108, 117 

Voters 

census of, legal (See Census) 

change of residence not to disqualify, for voting for state 

officers until expiration of six months ................... 98 

incarcerated due to felony conviction, exception .146 

information for, to be sent by secretary of the commonwealth, 

under initiative and referendum . 1 1 1, 122, 143 

initiative or referendum, number of signatures of, 

required 104, 109, 110, 120, 125, 126, 127 

persons having served in United States, in time of war, 

not disqualified as, for non-payment of poll tax ............ 99 

qualifications of, at elections in 

general ...... 64, 68, 86, 95, 97, 98, 99, 117, 138, 138, 139, 146 

Page 

residence, change of, not a disqualification to vote for state 

office, for six months ................................ 98 

Votes 

negative, required to disapprove suspension of a law or 

referendum thereon 109, 1 10, 126, 127 

plurality of, to elect civil officers 93 

return of record of 65, 69, 93, 94 

Voting 

absent, general court may provide for 101, 123, 142 

compulsory, general court may provide for 114 

eighteen year old voting 139 

machines, may be used at elections ........................ 100 

physically incapacitated, absent, by . . 123, 142 

precincts in towns 98 

qualifications for 64, 68, 86, 95, 97, 98, 98, 117, 138, 139, 146 

voting machines, use of in, authorized 100 

W 

War 

necessaries of life, provision for, during time of ...... 102 

state, cities and towns may provide food and shelter during 

time of war 102 



198 



Index to the Constitution. 



Page 

United States aid to, in time of 114 

Water resources, conservation 1 12, 144 

Wild lands, taxation of, development and conservation 100,143 

Women 

notaries public, may be appointed 114 

re-registration of, upon change of name 117 

public office, eligible to hold 86, 1 17 

voting, qualified for 86, 1 17 

Worship, public, right and duty of all men 55 

Writ of habeas corpus, benefit of, secured 84 

Writing, qualification required for voting or holding office 95 

Y 

Yea and nay vote 

borrowing money by commonwealth, to be required for ....... . 114 

emergency preamble, measures having, to be required on, 

when .108 

final legislative action in joint session upon legislative 

amendment, to be required on 105 

land and easements taken for protection, to be required on, 

when taken for other purposes 138 

Year, political, begins on first Wednesday in January 88 

Z 

Zoning, general court may provide for, by municipalities 114 



The State House, 
Seal of the Commonwealth, 
State Library, ETC. 



200 



The State House. 



THE STATE HOUSE, 
and 

GOVERNMENT CENTER. 



The "Bulfinch Front" of the State House was erected in 1795-7, upon 
land purchased of the heirs of John Hancock, by the town of Boston, for 
the sum of £4,000, and conveyed by said town to the Commonwealth, 
May 2, 1795. The Commissioners on the part of the town to convey the 
"Governor's Pasture," as it was styled, to the Commonwealth, were 
William Tudor, Charles Jarvis, John Coffin Jones, William Eustis, 
William Little, Thomas Dawes, Joseph Russell, Harrison Gray Otis and 
Perez Morton. The agents for erecting the State House were named in the 
deed as follows: Thomas Dawes, Edward Hutchinson Robbins and 
Charles Bulfinch. 

The comer stone was laid July 4, 1795, by Governor Samuel Adams, 
assisted by Paul Revere, Grand Master of the Grand Lodge of Masons. 
The stone was drawn to the spot by fifteen white horses, representing the 
number of States of the Union at that time. The original building is 172 
feet front; the height, from base course to pinnacle, is 155 feet; and the 
foundation is about 106 feet above the waters of the bay. The dome is 53 
feet in diameter and 35 feet high. The original cost of the building was 
estimated at $133,333.33. 

Extensive improvements, including the "Bryant addition" extending 
backward upon Mount Vernon Street, were made, chiefly under the 
direction of a commission, in the years 1853, 1854 and 1855. 

Under a resolve of 1866, a commission was appointed to inquire and 
report concerning the whole subject of remodeling or rebuilding the State 
House. They reported three propositions, without deciding in favor of 
any. The first was a plan of remodeling at an expense of $375,430; the 
second, a plan of remodeling at an expense of $759,872; and the third, a 
plan for a new building at an expense of $2,042,574. The report of the 
commission was referred to the committee on the State House of the 
session of 1867, who recommended a plan of alterations at the estimated 
expense of $150,000; and by Resolve No. 84 of that year the work was 
ordered to be executed under the supervision of a commission consisting 
of the President of the Senate and the Speaker of the House of 
Representatives, who were authorized by the same resolve to expend 
$150,000, and, by a subsequent resolve, $20,000 in addition. The 
President of the Senate died on the 28th of October, and thereafter the 
work was continued by the surviving commissioner. The improvements 



The State House. 



201 



consisted of an almost entire reconstruction of the interior of the 
building, except the "Bryant addition," before referred to as having been 
added from 1853 to 1855. They were executed from the plans of the 
architects, Washburn & Son, and cost, including furniture, $270,256.96. 

The Legislature of 1868 made provision for reseating the Senate 
Chamber and the Hall of the House, which improvements were made 
under the supervision of legislative committees, in season for the 
accommodation of the Legislature of 1869, at a cost of about $6,500. 

By Resolve No. 68 of the year 1881, the sum of $45,000 was 
authorized to be expended for improving the basement of the State 
House, in accordance with plans submitted by the joint standing 
committee on the State House. The work was begun soon after the 
regular session of 1881, and was carried on under the supervision of the 
commissioners on the State House, consisting of Oreb F. Mitchell, 
Sergeant-At-Arms, Hon. Daniel A. Gleason, Treasurer and Receiver- 
General, and Hon. Henry B. Peirce, Secretary of State, assisted by John 
W. Leighton and Asa H. Caton, both of Boston, and appointed, under the 
resolve referred to, by the Governor and Council. Under the plans the 
floor of the basement was brought down to a common level, and 
numerous additional office rooms and needed accommodations were 
obtained. 

Under authority of chapter 70 of the Resolves of 1885, passenger 
elevators were erected in the east and west ends of the building. 

In accordance with the provisions of chapter 349 of the Acts of the 
year 1888, the Governor and Council, "for the purpose of providing 
suitable and adequate accommodations for the legislative and executive 
departments of the State government and for the several bureaus, boards 
and officers of the Commonwealth, whose offices are, or may be, located 
in the city of Boston, and for any other necessary and convenient uses of 
the Commonwealth," on November 7 of the same year, took possession 
i in the name of the Commonwealth of the parcel of land lying next north 
1 of the State House, and bounded by Deme, Temple, Mount Vernon and 
i Hancock streets, and also of a parcel of land lying to the east of Temple 
Street, between Mount Vernon and Derne streets, both lots with the 
i buildings and improvements thereon, full power being given them to 
i settle, by agreement or arbitration, the amount of compensation to be 
i paid any person by reason of the taking of his property. They were also 
authorized to discontinue the whole of Temple Street between Mount 
\ Vernon and Derne streets, and to negotiate with the city of Boston 
i concerning the construction of new streets or ways. 



202 



The State House. 



By chapter 404 of the Acts of 1892, for the purpose of securing an 
open space around the State House, the commissioners were authorized 
to take, by purchase or otherwise, the land bounded north by Derne 
Street, east by Bowdoin Street, south by Beacon Hill Place and west by 
the State House, and by chapter 129, Acts of 1893, they were authorized 
to sell the buildings thereon. Subsequently, the commissioners were 
authorized to take Beacon Hill Place (chapter 450, Acts of 1893) and 
also the land bounded east by Bowdoin Street, south by Beacon Street, 
west by Mount Vernon Street and north by the land then owned by the 
Commonwealth; and provision was made for the removal of buildings 
on said land and for the improvement thereof (chapter 532, Acts of 1894; 
chapter 223, Acts of 1897; chapter 382, Acts of 1900; and chapter 525, 
Acts of 1901). In 1901 authority was given to the Governor, with the 
advice and consent of the Council, to take in fee simple, in behalf of the 
Commonwealth, a parcel of land, with the buildings thereon, on the 
southerly side of Mount Vernon Street, immediately west of Hancock 
Avenue (chapter 525, Acts of 1901). 

By chapter 92 of the Resolves of 1888, the Governor and Council 
were allowed a sum not exceeding $5,000 to enable them to devise and 
report to the next General Court a general plan for the better 
accommodation of the State government. 

A plan was accordingly submitted to the General Court of 1889, and 
$2,500 was appropriated for the further perfecting of said plan. A bill to 
provide for the enlargement of the State House was subsequently 
reported in the Legislature and became a law (chapter 394 of the Acts of 
1889). Under this act the Governor was authorized to appoint three 
persons, to be known as the State House Construction Commission, and 
Messrs. John D. Long, Wm. Endicott, Jr. and Benjamin D. Whitcomb 
were appointed the commissioners. Mr. Whitcomb died in 1894, and 
Mr. Charles Everett Clark was appointed to fill the vacancy. The latter 
died in 1899. In 1894 Mr. Long resigned and Mr. George W. Johnson 
was appointed a member of the commission. The architects selected were 
Messrs. Brigham & Spofford of Boston. Subsequently to March, 1892, 
Mr. Charles Brigham was the sole architect of the extension. 

On the twenty-first day of December, 1889, the comer stone of the 
new building was laid by His Excellency Governor Ames with 
appropriate ceremonies. The removal of the various departments and 
commissions to the new building was begun in the latter part of 1894. 
The House of Representatives of 1895 convened in the old Representatives' 
Chamber on the second day of January, and on the following day met for 
the first time in the hall set apart for it in the State House extension. 
It has occupied this hall ever since. Pending changes in the State House 



The State House. 



203 



building, the Senate sat in a room numbered 239, 240 and 241, in the 
extension. Its first meeting in this room was on February 18, 1895. On 
April 8 it resumed its sittings in the old Senate Chamber. 

By chapter 124 of the Resolves of 1896, the State House Construction 
Commission was directed to provide temporary accommodations for the 
Senate of 1897 and its officers. A temporary floor was accordingly 
constructed across the apartment, then unfinished, that has since come to 
be known as Memorial Hall, on a level with the present gallery; and the 
room thus made was finished and furnished as a Senate Chamber, with 
accommodations for spectators. On January 6, 1897, the Senate met in 
this chamber, which it continued to occupy throughout the session of that 
year, and it also, for the first time, made use of the reading room and the 
other rooms and offices intended for its permanent occupancy. 

By chapter 531 of the Acts of 1896, His Honor Roger Wolcott, Acting 
Governor, Hon. George P. Lawrence, President of the Senate, and Hon. 
George v. L. Meyer, Speaker of the House, were made a committee to 
decide upon a plan for preserving, restoring and rendering practically 
fire-proof the so-called Bulfinch State House. The committee was 
directed to employ an architect, who was to superintend the execution of 
the work in accordance with such drawings and specifications as should 
be approved by said committee. It was provided that the State House 
Construction Commission should have charge of the work. Mr. Arthur G. 
Everett was the architect selected by the committee, and with him was 
associated Mr. Robert D. Andrews. Mr. Charles A. Cummings was made 
consulting architect. 

By chapter 470 of the Acts of 1897, His Excellency Roger Wolcott, 
Hon. George P. Lawrence, President of the Senate, and Hon. John L. 
Bates, Speaker of the House, were made a committee to decide upon 
plans for furnishing the so-called Bulfinch State House, with authority to 
employ an architect to make drawings, specifications and designs 
therefor, and also to superintend the execution of the work. Mr. Everett 
was selected for the purpose. 

On the convening of the General Court of 1898, the Senate occupied 
for the first time the chamber in the Bulfinch building that had formerly 
been the Hall of the House of Representatives. The original Senate 
Chamber was assigned to the Senate by the Governor and Council as one 
of its apartments. The Senate has continued to occupy its new chamber 
ever since. 

For the purpose of meeting the expenses incurred between 1889 and 
1913 in connection with taking of land, including land damages, the 
construction and furnishing of the State House Extension, the finishing 



204 



The State House. 



of the Memorial Hall therein, and the restoring and furnishing of the 
Bulfmch front, etc., bonds to the amount of $7,120,000 were issued from 
time to time. 

By chapter 150 of the Resolves of 1912, the State House Commission 
(the Secretary of the Commonwealth, the Treasurer and Receiver- 
General and the Sergeant-at-Arms) was directed, with the cooperation of 
the State Arts Commission, to cause to be prepared plans for alterations 
in, and additions to, the State House, and to report to the next General 
Court. Report was made to the General Court of 1913 (House Document 
No. 133); and, by chapter 830 of the Acts of that year the State House 
Building Commission, to be appointed by the Governor with the advice 
and consent of the Council, was created, for the purpose of constructing 
additions substantially in accordance with the plan recommended in the 
report. Messrs. Albert P. Langtry, chairman, Joseph B. Russell and Neil 
McNeil were appointed the members of the building commission. 
Messrs. Robert D. Andrews, William Chapman and R. Clipston Sturgis 
were the architects selected by the commission. The work was begun in 
August, 1914. In 1915 Mr. John A. Keliher succeeded Mr. Langtry as a 
member of the commission and as its chairman, and Mr. J. Edward Fuller 
succeeded Mr. Russell. 

By chapter 256 of the General Acts of 1915, the Commission was 
directed to construct a forward projection of the West wing, substantially 
the same as that already built in connection with the new East wing, and 
provision was made for the purchasing or taking of certain property and 
for the removal of the buildings thereon, etc. To meet the expenses 
connected with the making of these several alterations and additions, 
bonds to the amount of $2,265,000 were authorized and issued, as 
follows: chapter 830 of the Acts of 1913, $900,000; chapter 256 of the 
Acts of 1915, $600,000; chapter 181 of the Acts of 1916, $65,000; and 
chapter 250 of the Acts of 1916, $700,000. By chapter 17 of the General 
Acts of 1916, taking effect March 2, the State House Building 
Commission was abolished and its powers were transferred to the State 
House Commission. The members of this latter commission were Albert P. 
Langtry (Secretary of the Commonwealth), Charles L. Burrill (Treasurer 
and Receiver-General) and Thomas F. Pedrick (Sergeant-at-Arms of the 
General Court), Chairman; and, under their direction, the work was 
completed. 

By item 8157-08, section 2, Chapter 711, Acts of 1956, The State 
Superintendent of Buildings was directed to cause the preparation of 
plans for, and the construction of, an archives building on the grounds of 
the State House. This item appropriated $1,005,000 for the project. With 
Maurice A. and F. Parker Reidy of Boston, engineers in charge, and the 



The State House. 



205 



Boston firm of Perry Shaw, Hepburn and Dean as consulting architects, 
construction was begun July 1, 1958. The archives museum and 
underground vaults for the archives and the State Library were 
completed and accepted by the Commonwealth on September 27, 1960. 

Chapter 71 1 of the Acts of 1956 also provided for the air conditioning 
of both the House and Senate chambers. 

The Government Center Commission was created by Chapter 635, 
Acts of 1960 to construct additional buildings near the State House to 
house the various expanding agencies of the state government. The land 
bounded by Cambridge, Somerset, Bowdoin, and Ashburton Place was 
taken by eminent domain in 1961. The state office building at 
100 Cambridge Street was designed by Emery Roth and Sons of New 
York. Construction was begun in 1962 under contract with Wexler 
Construction Company of Newton Highlands and completed by the 
Perini Corporation at a cost of about $26,600,000. Occupancy began in 
December 1965 and formal dedication ceremonies were conducted on 
May 17, 1966. The building has since been named for former Governor 
Leverett Saltonstall. 

The Division of Employment Security Building on Cambridge Street 
was designed by Shepley, Bulfmch, Richardson, and Abbott, a Boston 
architectural firm. Construction was begun in 1967 by Vappi and 
Company. This building, completed in March 1970 at a cost of over 
$11,200,000, was named as a memorial to former Governor Charles F. 
Hurley. 

Also part of the Government Center project is the Mental Health 
Center. Designed by Paul Rudolph of the Boston architectural firm, 
Desmond and Lord, this building cost approximately $10,935,000. The 
state took occupancy in December 1970 and it was named for Dr. Erich 
Lindemann, former Chief of Psychiatric Services, at the Massachusetts 
General Hospital. Dr. Lindemann had been greatly instrumental in the 
organization and staffing of the center. 

A fourth building on New Chardon Street, planned to house the state 
health, welfare, and education agencies, never reached the construction 
stage. 

Chapter 685, Acts of 1968 authorized the construction of an 
underground garage and office building on Ashburton Place. This project 
was designed by Hoyle, Doran and Berry of Boston. Construction began 
in 1971 under contract to Vappi and Company. It was completed in 1975 
at an approximate cost of $34,250,000 and was designated the John W. 
McCormack State Office Building. 



206 



The State House. 



These new buildings permitted moving many state agencies out of the 
State House and allowed a great expansion in the space available for 
offices for members and staff of the General Court. 

Repairs, renovations, and upgrading of the State House were 
authorized under the following acts: Chapter 723 of the Acts of 1983 
authorized $30,800,000; Chapter 564 of the Acts of 1987 authorized 
$7,000,000; and Chapter 164 of the Acts of 1988 authorized $22,000,000. 

The first phase of the renovations began February 8, 1988, and was 
completed in the Fall of 1990. The architects for the design were 
Shepley, Bulfinch, Richardson and Abbott, and the construction contract 
was awarded to the Perini Corporation. 

Completed work includes: fence replacement, front lawn landscaping, 
entrance to west wing, two new hearing rooms, the newly created Great 
Hall, an underground parking garage, restoration of Ashburton Park, all 
mechanical (HVAC) work in Block B, some mechanical work in other 
blocks, relocation of electrical vaults, roof repairs, a new telecommu- 
nications system, and some structural repairs. 



Seal of the Commonwealth. 
SEAL OF THE COMMONWEALTH. 



207 




COUNCIL RECORDS, 
WEDNESDAY, DECEMBER 13TH, 1780. 

Ordered, That Nathan Gushing, Esqr., be a committee to prepare a 
Seal for the Commonwealth of Massachusetts, who reported a Device for 
a Seal for said Commonwealth as follows, viz.: Sapphire, an Indian, 
dressed in his Shirt, Maggosins, belted proper, in his right hand a Bow, 
TOPAZ, in his left an Arrow, its point towards the Base; of the second, 
on the Dexter side of the Indian's head, a Star, Pearl, for one of the 
United States of America. 

CREST. On a Wreath a Dexter Arm clothed and ruffled proper, 
grasping a Broad Sword, the Pummel and Hilt, Topaz, with this Motto: 
Ense Petit Placidam Sub Libert ate Quietem. And around the Seal: 
Sigillum Reipublicae Massachusettensis . 

Advised that the said Report be Accepted as the Arms of the Common- 
wealth of Massachusetts. 



208 Arms and Emblems of the Commonwealth. 



ARMS, GREAT SEAL AND OTHER EMBLEMS 
OF THE COMMONWEALTH. 

[Chapter 2 of the General Laws.] 
ARMS, GREAT SEAL AND OTHER EMBLEMS 
OF THE COMMONWEALTH. 

SECTION 1 . The coat of arms of the commonwealth shall consist of 
a blue shield with an Indian thereon, dressed in a shirt, leggings and 
moccasins, holding in his right hand a bow, and in his left hand an arrow, 
point downward, all of gold; and, in the upper right-hand comer of the 
field a silver star of five points. The crest shall be, on a wreath of gold 
and blue, a right arm, bent at the elbow, clothed and ruffled, and 
grasping a broad-sword, all of gold. The motto "Ense petit placidam sub 
libertate quietem" shall appear in gold on a blue ribbon. 

SECTION 2. The seal of the commonwealth shall be circular in 
form, bearing upon its face a representation of the arms of the 
commonwealth encircled with the inscription within a beaded border, 
"Sigillum Reipublicae Massachusettensis". The colors of the arms shall 
not be an essential part of said seal, and an impression from a seal 
engraved according to said design, on any commission, paper, or 
document shall be valid without such colors or the representation thereof 
by heraldic lines or marks. 

SECTION 3. The flag of the commonwealth shall consist of a white 
rectangular field, bearing on either side a representation of the arms of 
the commonwealth, except that the star shall be white. The naval and 
maritime flag of the commonwealth shall consist of a white rectangular 
field bearing on either side a representation of a green pine tree. 

SECTION 4. The flag of the governor shall conform to the design of 
the flag of the commonwealth, except that the field of the flag of the 
governor shall be triangular in shape. 

SECTION 5. The state secretary shall be the custodian of the coat of 
arms, seal and flags of the commonwealth and all representations of said 
arms, seal and flags shall conform strictly to the specifications which 
shall be prepared under the direction of the state secretary in the year 
nineteen hundred and seventy-one and deposited in his office. The proper 
use and display of said arms, seal and flags of the commonwealth and 
their manufacture are hereby subject to such regulations relating thereto 
which the state secretary may from time to time issue, provided that such 
regulations shall be in conformity with all the relevant legislation of the 
United States and of the commonwealth. 



Arms and Emblems of the Commonwealth. 



209 



SECTION 6. The flag of the United States and the flag of the 
commonwealth shall be displayed on the main or administration building 
of each public institution of the commonwealth. The flags shall be of 
suitable dimensions and shall be flown every day when the weather 
permits. 

SECTION 6A. The flag of the commonwealth shall be flown at half- 
staff at or on the main or administration building of each public 
institution of the commonwealth, at or on each other state-owned or 
state-controlled building, and at all state military installations on the 
following occasions for the periods indicated: — 

(a) On all occasions upon which the national flag is flown at half- 
staff and for the same period of time; 

(b) On the death of a governor or ex-governor of the common- 
wealth for thirty days from the day of death; 

(c) On the death of a lieutenant-governor, secretary, treasurer and 
receiver-general, attorney general, or auditor of the commonwealth from 
the day of death until sunset of the day of interment; 

(d) On the death of a senator in congress from the commonwealth, 
from the day of death until sunset of the day of interment; 

(e) On the death of a representative in congress from the common- 
wealth, the flag of the commonwealth shall be flown at half-staff at the 
aforementioned sites in the representative's congressional district from 
the day of death until sunset of the day of interment; 

(f) In the event of the death of other elected officials or former 
elected officials of the commonwealth, from the day of death until sunset 
of the day of interment in accordance with such orders or instructions as 
may be issued by or at the direction of the governor; and 

(g) In the event two or more of the aforementioned periods coincide 
in full or in part, the state flag shall be displayed at half-staff for such 
period as will comply with the above provisions without resulting in an 
additional and separate period of such display for each such death. 

SECTION 7. The mayflower {epigaea repens) shall be the flower or 
floral emblem of the commonwealth. 

SECTION 8. The American elm {Ulmus americana) shall be the 
tree or tree emblem of the commonwealth. 

SECTION 9. The chickadee {Penthestes athcapillus) shall be the 
bird or bird emblem of the commonwealth. 

SECTION 10. Cranberry juice shall be the beverage of the common- 
wealth. 



210 Anns and Emblems of the Commonwealth. 



SECTION 1 1 . The Morgan horse shall be the horse or horse emblem 
of the commonwealth. 

SECTION 12. The Ladybug shall be the insect or insect emblem of 
the commonwealth. 

SECTION 13. The Cod shall be the fish or fish emblem and the 
historic and continuing symbol of the commonwealth. 

SECTION 14. The Boston terrier shall be the dog or dog emblem of 
the commonwealth. 

SECTION 15. Rhodonite shall be the gem or gem emblem of the 
commonwealth. 

SECTION 16. The right whale {Eubalaena Glacialis) shall be the 
marine mammal or marine mammal emblem of the commonwealth. 

SECTION 17. The dinosaur track shall be the fossil or fossil emblem 
of the commonwealth. 

SECTION 18. Babingtonite shall be the mineral or mineral emblem 
of the commonwealth. 

SECTION 19. The song "All Hail to Massachusetts", words and 
music by Arthur J. Marsh, shall be the song of the commonwealth. 

SECTION 20. The song "Massachusetts", words and music by Arlo 
Guthrie, shall be the folk song of the commonwealth. 

SECTION 21. The poem, "Blue Hills of Massachusetts", composed 
by Katherine E. Mullen of the town of Barre, shall be the official state 
poem of the commonwealth. 

SECTION 22. The Roxbury Puddingstone (Roxbury Conglomerate), 
shall be the rock or rock emblem of the commonwealth. 

SECTION 23. Plymouth Rock, located in the town of Plymouth, 
shall be the historical rock of the commonwealth. 

SECTION 24. Dighton Rock shall be the explorer rock of the com- 
monwealth. 

SECTION 25. Granite shall be the building and monument stone of 
the commonwealth. 

SECTION 26. Deborah Samson, who fought in the War of Indepen- 
dence, shall be the official heroine of the commonwealth. 

SECTION 27. The song "The Road to Boston", composer unknown, 
shall be the official ceremonial march of the commonwealth. 



Arms and Emblems of the Commonwealth. 



211 



SECTION 28. The corn muffin shall be the official muffin of the 
commonwealth. 

SECTION 29. The New England neptune (neptunea lyrata 
decemcostatat) shall be the shell of the commonwealth. 

SECTION 30. The Tabby Cat shall be the official cat of the 
commonwealth. 

SECTION 3 1 . The song "Massachusetts (Because of You Our Land 
Is Free)", words and music by Bernard Davidson, shall be the patriotic 
song of the commonwealth. 

SECTION 32. Square Dancing shall be the official folk dance of the 
commonwealth. 

SECTION 33. The Paxton Soil Series shall be the official soil of the 
commonwealth. 

SECTION 34. The memorial to be constructed in the city of 
Worcester by the Commonwealth of Massachusetts Vietnam Veterans' 
Memorial Trust, Incorporated shall be the official memorial of the 
commonwealth to honor the Vietnam War veterans of the 
commonwealth. 

SECTION 35. Bay Staters shall be the official designation of 
citizens of the commonwealth. 

SECTION 36. The wild turkey {Meleagris Gallopavo) shall be the 
game bird and game bird emblem of the commonwealth. 

SECTION 37. The memorial to be constructed in the city of 
Worcester by the Desert Calm Committee, Inc. shall be the official state 
monument for the veterans of the Southwest Asia War. 

SECTION 38. The baked navy bean shall be the official bean of the 
commonwealth. 

SECTION 39. The cranberry (vaccinum macrocarpon) shall be the 
official berry of the commonwealth. 

SECTION 40. Johnny Appleseed shall be the official folk hero of 
the commonwealth. 

SECTION 41. The Boston cream pie shall be the official dessert or 
dessert emblem of the commonwealth. 

SECTION 42. The chocolate chip cookie shall be the official cookie 
of the commonwealth. 



212 Arms and Emblems of the Commonwealth. 



SECTION 43. The song "The Great State of Massachusetts", words 
by George A. Wells, and music by J. Earl Bley, shall be the glee club 
song of the commonwealth. 

SECTION 44. The words and music of "Say Hello to Someone in 
Massachusetts" by Lenny Gomulka shall be the official polka of the 
commonwealth. 

SECTION 45. A memorial statue built in the town of Orange in 
recognition of veterans who served in World War I and designated as 
the Orange Peace Statue shall be the official peace statue of the 
commonwealth. 

SECTION 46. The Korean War Memorial located in the shipyard 
park of the Charlestown Navy Yard shall be the official memorial of the 
commonwealth to honor the Korean War veterans of the commonwealth. 

SECTION 47. The words and music of "Ode to Massachusetts" by 
Joseph Falzone shall be the official ode of Massachusetts. 

SECTION 48. The MIA/POW Memorial located at the Massachu- 
setts National Cemetery in the town of Bourne shall be the official 
MIA/POW memorial of the commonwealth. 

SECTION 49. The book Make Way for Ducklings by Robert 
McCloskey shall be the official children's book of the commonwealth. 

SECTION 50. The author Theodor Geisel, better known as Dr. Seuss, 
shall be the official children's author and children's illustrator of the 
commonwealth. 

SECTION 51. The Boston Cream Donut shall be the official donut 
of the commonwealth. 

SECTION 52. The Bay State Tartan shall be the official District 
Tartan of the commonwealth. 

SECTION 53. Blue, green and cranberry shall be the official colors 
of the commonwealth. 

SECTION 54. The muscian, Henry St. Clair Fredericks, better 
known as Taj Mahal, shall be the official Blues Artist of the 
commonwealth. 

SECTION 55. The sport of basketball shall be the official sport of 
the commonwealth. 

SECTION 56. Benjamin Franklin shall be the official inventor of the 
commonwealth. 



Oath or Affirmation of Office. 213 



SECTION 57. The garter snake shall be the official reptile of the 
commonwealth. 

SECTION 58. Norman Rockwell shall be the official artist of the 
commonwealth. 

SECTION 59. Rolling Rock, located in the city of Fall River, shall 
be the glacial rock of the commonwealth. 



r 



214 



State Library. 



OATH OR AFFIRMATION OF OFFICE. 



Under the Constitution and Laws of the Commonwealth and of the 
United States every person chosen or appointed to any office, civil or 
military, under the government of this Commonwealth, before he enters 
on the duties of his office, is required to take and subscribe the following 
oath or affirmation: — 

The Oath of Office. 

I, (name), do solemnly swear, that I will bear true faith and alle- 
giance to the Commonwealth of Massachusetts, and will support the 
Constitution thereof So help me God. 

I, (name), do solemnly swear and affirm, that I will faithfully and 
impartially discharge and perform all the duties incumbent on me 
as : according to the best of my abilities and under- 

standing, agreeably, to the rules and regulations of the Constitution, and 
the laws of this Commonwealth. So help me God. 

I, (name), do solemnly swear that I will support the Constitution of 
the United States. 

Affirmation. 

I, (name), do solemnly affirai, that I will bear true faith and allegiance 
to the Commonwealth of Massachusetts, and will support the Constitu- 
tion thereof. This I do under the pains and penalties of perjury. 

I, (name), do solemnly affirm, that I will faithfully and impar- 
tially discharge and perform all the duties incumbent on me 
as : according to the best of my abilities and under- 

standing, agreeably, to the rules and regulations of the Constitution, and 
the laws of this Commonwealth. This I do under the pains and penalties 
of perjury. 

I, (name), do solemnly affirm that I will support the Constitution of 
the United States. 



State Library. 



215 



STATE LIBRARY OF MASSACHUSETTS. 

Room 341, State House. 



The State Library is a government research library maintained to 
meet the current information needs and research requirements of the 
General Court, the Executive branch and state government employees 
All library materials are available to the public for research use. 

The Library's collections are strong in the areas of public law public 
affairs, Massachusetts state and local history, and American history 
Maps, atlases, photographs, manuscripts and media collections 
contribute to the Library's documentation of the state and its history. 

Presently, the Library contains over 1.2 million items. The law 
collection emphasizes public law as contrasted to the law of private 
practice. All states' statutory law and judicial decisions are represented 
in the collection. Coverage of federal law is complete as well This 
collection is the only public law library in Suffolk County. Electronic 
access to legal resources and other specialized databases is offered to 
state employees. 

Designated as the official repository for Massachusetts state 
I publications (St. 1984, c. 412), the State Library has a comprehensive 
; collection of state publications from both the legislative and executive 
branches. This collection, which grows daily, is historic in scope and 
includes many early reports. The Library expands its collection in a 
variety of media; recent additions to the collection include the Senate 
and the House of Representatives' proceedings on videotape and selected 
legislative committee hearings on videotape. 

The State Library has been a selective depository for federal 
documents for over one hundred years, resulting in important historic 
and current collections of federal reports. The federal documents 
collection is notable in its coverage of Congressional reports. Census 
Bureau publications, Geological Survey maps, and Department of Labor 
documents. 

The State Library is governed by a board of trustees, four of whom are 
citizens appointed by the Governor. The President of the Senate the 
Speaker of the House of Representatives, and the State Secretary serve on 
the board ex officio. The Library is managed by the State Librarian who is 
appointed by the Governor. The Librarian is assisted by professional and 
support staff In 1960, the State Library was officially designated as the 
George Fingold Library in tribute to the late Attorney General. 



216 



Boston Athenaeum, etc. 



Trustees: 

— The Honorable Therese Murray 

Senate President, ex officio 

— The Honorable Robert A. DeLeo, Speaker of the 

House of Representatives, ex officio 

— William F. Galvin, Secretary of State, ex officio 

— Representative Robert L. Rice, Jr. 

— Senator James B. Eldridge 

— Matthew O'Connor, Maynard 

— Sharen Leonard, Boston 

— Jeffrey Smith, Worcester 

— Michael Maresco, Marshfield 

State Librarian/Director — Elvemoy Johnson 

Assistant Director/Head of Reference — Alix Quan 
Head of Special Collections — Paige Roberts 
Legislative Reference Librarian — Pamela W. Schofield 
Head of Technical Services — Judith E. Carlstrom 
Government Documents Librarian — Bette L. Siegel 
Executive Reference Librarian — Eva Murphy 
Interlibrary Loan Librarian — Tina Vegelante 
Program Coordinator — Patrick D. Mahoney 



Legal Holidays and Proclamations. 217 



BOSTON ATHENAEUM. 

W/i Beacon Street. 

By the act of the General Court incorporating the Proprietors of the 
Boston Athenaeum, it is provided that the Governor, Lieutenant- 
Governor, the members of the Council, of the Senate, and of the House 
of Representatives, for the time being, shall have free access to the 
Library of the said corporation, and may visit and consult the same at all 
times, under the same regulations as may be provided by the by-laws of 
said corporation for the proprietors thereof. 

The Boston Athenaeum is near the State House; and members who 
may wish to avail themselves of their privilege can receive a note of 
introduction to the Librarian by applying to the Sergeant-at-Arms. 

MASSACHUSETTS HISTORICAL SOCIETY. 

11 54 BoYLSTON Street, Boston. 

Section 6 of the Act of Feb. 19, 1794, incorporating the Massachu- 
setts Historical Society, provides that "either branch of the Legislature 
shall, and may have free access to the library and museum of said 
Society." 

THE SOCIAL LAW LIBRARY. 

Room 1200, Suffolk County Court House. 

The Social Law Library was founded in 1804 as a private association 
library, owned by and available only to its members. The Conimon- 
wealth appropriates annually a sum to the support of this library for 
providing law library service to the judiciary and all attorneys in the 
employ of the Commonwealth. Its 175,000 volume collection makes it 
the largest law library in Boston for the practicing lawyer. By an act of 
October 21, 1814 the library is open to all members of the General 
Court. 



218 Legal Holidays and Proclamations. 



LEGAL HOLIDAYS IN MASSACHUSETTS 

(See General Laws, Chapter 4, Section 7, 
Eighteenth paragraph, as 
most recently amended by 
Chapter 451 of the Acts of 1985.) 



New Year's Day January the first 

Martin Luther King's Birthday Third Monday in January 

Washington's Birthday Third Monday in February 

Patriots' Day. Third Monday in April 

Memorial Day , Last Monday in May 

Independence Day July the fourth 

Labor Day . First Monday in September 

Columbus Day Second Monday in October 

Veterans' Day November the eleventh 

Christmas Day December the twenty-fifth 

And the Day designated by the Governor as a day of Thanksgiving, 
customarily the fourth Thursday in November. 

In Suffolk County only March the seventeenth 



(Acts of 1962, Chapter 616) 



June the seventeenth 
(Acts of 1962, Chapter 616) 



PROCLAMATIONS REQUIRED TO BE ISSUED 
ANNUALLY BY THE GOVERNOR 



Stalking Awareness Month 



Month of January 



(General Laws, Chapter 6, Section 1 5ZZZZ) 



New Orleans Day 



January the eighth 



(General Laws, Chapter 6, Section 12F) 



Albert Schweitzer's Reverence 
for Life Day 



January the fourteenth 



(General Laws, Chapter 6, Section 12T) 



Martin Luther King, Jr. Day 



January the fifteenth 



(General Laws, Chapter 6, Section 15S) 



Legal Holidays and Proclamations. 219 



Jaycee Week and Jaycee Day Third week in January and 

Wednesday of that week 
(General Laws, Chapter 6, Section 15Y) 

Child Nutrition Week Last week in January 

(General Laws, Chapter 6, Section 15X) 

Thomas Paine Day January the twenty-ninth 

(General Laws, Chapter 6, Section 15PPPP) 

American History Month Month of February 

(General Laws, Chapter 6, Section 15C) 

Tadeusz Kosciuszko Day First Sunday in February 

(General Laws, Chapter 6, Section 12BB) 

USO Appreciation Day February the fourth 

(General Laws, Chapter 6, Section 12RR) 

Lincoln Day February the twelfth 

(General Laws, Chapter 6, Section 13) 

Cogenital Heart Defect Awareness Day . February the fourteenth 

(General Laws, Chapter 6, Section 15JJJJ) 

Spanish War Memorial Day and 

Maine Memorial Day February the fifteenth 

(General Laws, Chapter 6, Section 14 A) 

Lithuanian Independence Day February the sixteenth 

(General Laws, Chapter 6, Section 12GG) 

Iwo Jima Day February the nineteenth 

(General Laws, Chapter 6, Section 12AA) 

Homeless Unity Day February the twentieth 

(General Laws, Chapter 6, Section 12QQ) 

Washington Day Third Monday in February 

(General Laws, Chapter 6, Section 12T) 

Homeless Awareness Week Last week in February 

(General Laws, Chapter 6, Section 15CCC) 

Kalevala Day February the twenty-eighth 

(General Laws, Chapter 6, Section 15T) 

Irish- American Heritage Month Month of March 

(General Laws, Chapter 6, Section 15FFFF) 

Anniversary of the Boston Massacre March the fifth 

(General Laws, Chapter 6, Section 12D) 



220 Legal Holidays and Proclamations. 



Luther Burbank Day March the seventh 

(General Laws, Chapter 6, Section 15MMMM) 

Lucy Stone Day March the eighth 

(General Laws, Chapter 6, Section 15DDDD) 

Jack Kerouac Day March the twelfth 

(General Laws, Chapter 6, Section 15IIIII) 

Slovak Independence Day March the fourteenth 

(General Laws, Chapter 6, Section 12II) 

Peter Francisco Day March the fifteenth 

(General Laws, Chapter 6, Section 12S) 

Robert Goddard Day March the sixteenth 

(General Laws, Chapter 6, Section 15AAAA) 

Evacuation Day March the seventeenth 

(General Laws, Chapter 6, Section 12K) 

Employ the Older Worker Week Third week in March 

(General Laws, Chapter 6, Section 15GG) 

Greek Independence Day March the twenty-fifth 

(General Laws, Chapter 6, Section 15RR) 

Italian American War Veterans of 

the United States, Inc., Day March the twenty-seventh 

(General Laws, Chapter 6, Section 15 J) 

Vietnam Veterans Day March the twenty-ninth 

(General Laws, Chapter 6, Section 15MM) 

Practical Nursing Education Week Last full week in March 

(General Laws, Chapter 6, Section 15UU) 

Motorcycle Safety and Awareness Time Last week in March 

to last week in April 
(General Laws, Chapter 6, Section 15NNNN) 

Civilian Conservation Corps Day March the thirty-first 

(General Laws, Chapter 6, Section 150000) 

Parliamentary Law Month Month of April 

(General Laws, Chapter 6, Section 15QQ) 

School Library Media Month Month of April 

(General Laws, Chapter 6, Section 15 AAA) 

Public Health Month Month of April 

(General Laws, Chapter 6, Section 15IIII) 



Legal Holidays and Proclamations. 221 



Autistic Awareness Month Month of April 

(General Laws, Chapter 6, Section 15LLLL) 

Armenian- American Heritage Month Month of April 

(General Laws, Chapter 6, Section 15WWWW) 

Student Government Day First Friday of April 

(General Laws, Chapter 6, Section 12M) 

Tartan Day April the sixth 

(General Laws, Chapter 6, Section 15QQQQ) 

Veterans of World War I 

Hospital Day First Sunday in April 

(General Laws, Chapter 6, Section 12T) 

Bataan-Corregidor Day April the ninth 

(General Laws, Chapter 6, Section 15Z) 

Former Prisoner of War 

Recognition Day April the ninth 

(General Laws, Chapter 6, Section 12PP) 

Earth Week One week in April 

(General Laws, Chapter 6, Section 14C) 

George Demeter Day . Second Wednesday in April 

(Acts of 1989, Chapter 208) 

Aunt's and Uncle's Day Second Sunday in April 

(General Laws, Chapter 6, Section 12T) 

Licensed Practical Nurse Week Second last full week in April 

(General Laws, Chapter 6, Section 15LL) 

Armenian Martyrs' Day April the twenty-fourth 

(General Laws, Chapter 6, Section 15II) 

Patriots' Day Third Monday in April 

(General Laws, Chapter 6, Section 12J) 

Earth Day Fourth Monday in April 

(Acts of 1971, Chapter 70) 

Arbor and Bird Day Last Friday in April 

(General Laws, Chapter 6, Section 15) 

Workers' Memorial Day Fourth Friday in April 

(General Laws, Chapter 6, Section 15KKK) 

Secretaries Week Last week in April 

(General Laws, Chapter 6, Section 15AA) 



222 Legal Holidays and Proclamations. 



School Principals' 

Recognition Day April the twenty-seventh 

(General Laws, Chapter 6, Section 12UU) 

Exercise Tiger Day April the twenty-eighth 

(General Laws, Chapter 6, Section 1200) 

Guardian's Day Fourth Sunday in April 

(General Laws, Chapter 6, Section 15XXXX) 

Senior Citizens Month Month of May 

(General Laws, Chapter 6, Section 15B) 

Keep Massachusetts 

Beautiful Month Month of May 

(General Laws, Chapter 6, Section 150) 

Law Enforcement 

Memorial Month Month of May 

(General Laws, Chapter 6, Section 15TTT) 

Loyalty Day May the first 

(General Laws, Chapter 6, Section 120) 

Polish Constitution Day May the third 

(General Laws, Chapter 6, Section 12R) 

Horace Mann Day May the fourth 

(General Laws, Chapter 6, Section 12T) 

Whale Awareness Day First Thursday in May 

(General Laws, Chapter 6, Section 15ZZ) 

Mother's Day Second Sunday in May 

(General Laws, Chapter 6, Section 12T) 

Emergency Responders 

Memorial Day . Second Sunday in May 

(General Laws, Chapter 6, Section 15PUIR) 

Emergency Management Week Week following the 

second Sunday in May 
(General Laws, Chapter 6, Section 15SSS) 

Police Officers' Week Week in which May 15 occurs 

(General Laws, Chapter 6, Section 15N) 

Police Memorial Day . May the fifteenth 

(General Laws, Chapter 6, Section 15JJJ) 



Legal Holidays and Proclamations. 



223 



Joshua James Day Third Sunday in May 

(General Laws, Chapter 6, Section 15XX) 

Lafayette Day May the twentieth 

(General Laws, Chapter 6, Section 12H) 

Maritime Day May the twenty-second 

(General Laws, Chapter 6, Section 12Y) 

Deborah Samson Day May the twenty-third 

(General Laws, Chapter 6, Section 12FF) 

Special Needs Awareness Day . May the twenty-third 

(General Laws, Chapter 6, Section 15BBBB) 

Phenylketonuria Awareness Day May the twenty-fourth 

(General Laws, Chapter 6, Section 15FFFFF) 

American Indian Heritage Week Third week in May 

(General Laws, Chapter 6, Section 121) 

Visiting Nurse Association Week Third week in May 

(General Laws, Chapter 6, Section 12JJ) 

National Family Week Third week in May 

(General Laws, Chapter 6, Section 15KK) 

Missing Children's Day ..................... May the twenty-fifth 

(General Laws, Chapter 6, Section 15RRRR) 

Massachusetts Art Week Last week in May 

(General Laws, Chapter 6, Section 15D) 

Memorial Day Last Monday in May 

(General Laws, Chapter 6, Section 12Q) 

Presidents' Day May the twenty-ninth 

(General Laws, Chapter 6, Section 15VV) 

Massachusetts National 

Guard Week Week preceding 

Armed Forces Day 
(General Laws, Chapter 6, Section 15BB) 

Portuguese-American Month Month of June 

(General Laws, Chapter 6, Section 15GGGG) 

Teachers' Day . First Sunday in June 

(General Laws, Chapter 6, Section 12X) 

Garden Week Week beginning the 

First Sunday in June 



224 Legal Holidays and Proclamations. 



(General Laws, Chapter 6, Section 12 WW) 

Retired Members of the 

Armed Forces Day First Monday in June 

(General Laws, Chapter 6, Section 15CC) 

Public Employees 

Appreciation Day First Wednesday in June 

(General Laws, Chapter 6, Section 15TT) 

Children's Day Second Sunday in June 

(General Laws, Chapter 6, Section 12U) 

State Walking Sunday Second Sunday in June 

(General Laws, Chapter 6, Section 15NN) 

Fire Fighters Memorial Sunday Second Sunday in June 

(General Laws, Chapter 6, Section 15JJ) 

Rabies Prevention Week Second week in June 

(General Laws, Chapter 6, Section 15EEE) 

Massachusetts Nonprofit Awareness Day Second Monday in June 

General Laws, Chapter 6, Section 15KKKKK) 

Flag Day June the fourteenth 

(General Laws, Chapter 6, Section 14) 

Father's Day Third Sunday in June 

(General Laws, Chapter 6, Section 12T) 

Bunker Hill Day . , June the seventeenth 

(General Laws, Chapter 6, Section 12C) 

Juneteenth Independence Day Sunday that is closest to June 19th 

(General Laws, Chapter 6, Section 15BBBBB) 

Destroyer Escort Day Third Saturday in June 

(General Laws, Chapter 6, Section 12TT) 

Battleship Massachusetts 

Memorial Day Last Saturday in June 

(General Laws, Chapter 6, Section 15M) 

Winthrop Beach 

Awareness Day . , Last Saturday in June 

(Acts of 1989, Chapter 146) 

John Carver Day . Fourth Sunday in June 

(General Laws, Chapter 6, Section 15HH) 

Korean War Veterans Day June the twenty-fifth 



Legal Holidays and Proclamations. 225 



(General Laws, Chapter 6, Section 12MM) 

Ninth Regiment Massachusetts Volunteer Infantry 

of the Civil War Day June the twenty-seventh 

(General Laws, Chapter 6, Section 15UUUU) 

Saint Jean de Baptiste Day Fourth Sunday in June 

(General Laws, Chapter 6, Section 1500) 

Reflex Sympathetic Dystrophy 

Awareness Month , Month of July 

(General Laws, Chapter 6, Section 15000) 

Independence Day July the fourth 

(General Laws, Chapter 6, Section 15DD) 

54th Regiment Massachusetts Volunteer Infantry 

of the Civil War Day July the eighteenth 

(General Laws, Chapter 6, Section 15 WW) 

Rose Fitzgerald Kennedy Day July the twenty-second 

(General Laws, Chapter 6, Section 12SS) 

Lead Poisoning Prevention Week week beginning with the 

third Sunday in July 
(General Laws, Chapter 6, Section 15XXX) 

Jamaican Independence Day First Monday in August 

(General Laws, Chapter 6, Section 12Z) 

Youth in Government Day First Friday in August 

(General Laws, Chapter 6, Section 15 WW) 

Public Employees Week First week of August 

(General Laws, Chapter 6, Section 12CC) 

Purple Heart Day August the seventh 

(General Laws, Chapter 6, Section 12T) 

Liberty Tree Day August the fourteenth 

(General Laws, Chapter 6, Section 151) 

Social Security Day August the fourteenth 

(General Laws, Chapter 6, Section 12LL) 

Susan B. Anthony Day August the twenty-sixth 

(General Laws, Chapter 6, Section 15E) 

Caribbean Week Last week in August 

(General Laws, Chapter 6, Section 15QQQ) 



226 



Legal Holidays and Proclamations. 



Sight-Saving Month Month of September 

(General Laws, Chapter 6, Section 12W) 

Literacy Awareness Month Month of September 

(General Laws, Chapter 6, Section 15NNN) 

Brain Aneurysm Awareness Month . Month of September 

General Laws, Chapter 6, Section 15CCCCC) 

World War II Commemoration Day September the second 

(General Laws, Chapter 6, Section 15YYYY) 

Grandparents Day Sunday following the first 

Monday of September 
(General Laws, Chapter 6, Section 12EE) 

Labor Week First week in September 

(General Laws, Chapter 6, Section 12KK) 

Alzheimer's Awareness Week First full week in September 

(General Laws, Chapter 6, Section 15GGG) 

Unity Day September the eleventh 

(General Laws, Chapter 6, Section 15SSSS) 

Endangered Species Day Second Saturday in September 

(General Laws, Chapter 6, Section 15EE) 

Commodore John Barry Day September the thirteenth 

(General Laws, Chapter 6, Section 12E) 

Constitution Day September the seventeenth 

(General Laws, Chapter 6, Section 15 A) 

Native American Day Third Friday in September 

(General Laws, Chapter 6, Section 12VV) 

POW/MIA Day Third Friday in September 

(General Laws, Chapter 6, Section 15BBB) 

Myositis Awareness Day September the twenty-first 

(General Laws, Chapter 6, Section 15TTTT) 

Cystic Fibrosis Week Third full week in September 

(General Laws, Chapter 6, Section 15K) 

Mitochondrial Disease Awareness Week . . . third full week in September 
(General Laws, Chapter 6, Section 15GGGGG) 

National Hunting and 

Fishing Day Fourth Saturday in September 

(General Laws, Chapter 6, Section 15W) 



Legal Holidays and Proclamations. 227 



Pro-Life Month Month of October 

(General Laws, Chapter 6, Section 15FF) 

Lupus Awareness Month Month of October 

(General Laws, Chapter 6, Section 15LLL) 

Head Injury Awareness Month Month of October 

(General Laws, Chapter 6, Section 1 5 VVV) 

Polish American Heritage Month Month of October 

(General Laws, Chapter 6, Section 15 WWW) 

Italian- American Heritage Month Month of October 

(General Laws, Chapter 6, Section 15EEEE) 

Employ Handicapped 

Persons Week First Week in October 

(General Laws, Chapter 6, Section 1 5F) 

Employee Involvement and 

Ownership Week . First week in October 

(General Laws, Chapter 6, Section 15HHH) 

Eddie Eagle Gun Safety Week ................ First week in October 

(General Laws, Chapter 6, Section 15ZZZ) 

American Education Week . One week in either 

October or November 
(General Laws, Chapter 6, Section 12G) 

Social Justice for Ireland Day First Saturday in October 

(General Laws, Chapter 6, Section 15U) 

Senior Citizens' Day First Sunday in October 

(General Laws, Chapter 6, Section 12T) 

Independent Living Center Day ............ First Sunday in October 

(General Laws, Chapter 6, Section 15III) 

Fire Prevention Week Date fixed by Fire Marshal 

Town Meeting Day October the eighth 

(General Laws, Chapter 6, Section 1 5PP) 

Leif Ericson Day October the eighth 

(General Laws, Chapter 6, Section 15YY) 

Home Composting 

Recognition Week Second week in October 

(General Laws, Chapter 6, Section 15UUU) 



228 Legal Holidays and Proclamations. 



Pulaski Day , October the eleventh 

(General Laws, Chapter 6, Section 12B) 

Columbus Day Second Monday in October 

(General Laws, Chapter 6, Section 12V) 

White Cane Safety Day October the fifteenth 

(General Laws, Chapter 6, Section 15 V) 

Arthritis Awareness Day Third Sunday in October 

(General Laws, Chapter 6, Section 15KKKK) 

United Nations Day . October the twenty- fourth 

(General Laws, Chapter 6, Section 12N) 

State Constitution Day October the twenty-fifth 

(General Laws, Chapter 6, Section 14B) 

Statue of Liberty 

Awareness Day October the twenty-sixth 

(General Laws, Chapter 6, Section 12HH) 

Youth Honor Day , , October the thirty-first 

(General Laws, Chapter 6, Section 15G) 

Robert Frost Day . Fourth Saturday in October 

(General Laws, Chapter 6, Section 15CCCC) 

Thrombosis Awareness Month Month of November 

(General Laws, Chapter 6, Section 15EEEEE) 

Lung Cancer Awareness Month Month of November 

(General Laws, Chapter 6, Section JJJJJ) 

Hospice Week Second week in November 

(General Laws, Chapter 6, Section 15SS) 

Geographic Education 

Awareness Week Second week of November 

(General Laws, Chapter 6, Section 1 5MMM) 

United States Marine 

Corps Day November the tenth 

(General Laws, Chapter 6, Section 15Q) 

Armistice Day November the eleventh 

(General Laws, Chapter 6, Section 15R) 

Veterans Day November the eleventh 

(General Laws, Chapter 6, Section 12A) 



Legal Holidays and Proclamations. 229 



Silver-Haired Legislature Days The Third Wednesday, 

Thursday and Friday 
in November 

(General Laws, Chapter 6, Section 15DDD) 

Philanthropy Day November the fifteenth 

(General Laws, Chapter 6, Section 15HHHHH) 

Thanksgiving Day Customarily the fourth 

Thursday in November 
(Proclamation not required by law but customarily 
issued by the Governor) 

Candle Safety Day . Second Monday in December 

(General Laws, Chapter 6, Section 12XX) 

John F. Kennedy Day ................... Last Sunday in November 

(General Laws, Chapter 6, Section 15L) 

Disabled American Veterans' 

Hospital Day First Sunday in December 

(General Laws, Chapter 6, Section 12T) 

Pearl Harbor Day December the seventh 

(General Laws, Chapter 6, Section 12DD) 

Survivors of Victims of Homicide Awareness .... November twentieth 

to December twentieth 
(General Laws, Chapter 6, Section 15HHHH) 

Civil Rights Week December eighth to fourteenth 

(General Laws, Chapter 6, Section 12P) 

Army and Navy Union Day Second Saturday in December 

(General Laws, Chapter 6, Section 12T) 

Human Rights Day December the tenth 

(General Laws, Chapter 6, Section 12NN) 

Bill of Rights Day , December the fifteenth 

(General Laws, Chapter 6, Section 15AAAAA) 

Samuel Slater Day December the twentieth 

(General Laws, Chapter 6, Section 15PPP) 

Leopoldville Disaster Remembrance Day December twenty-fourth 

(General Laws, Chapter 6, Section 15DDDDD) 

Clara Barton Days Week commencing 

December twenty-fifth 
(General Laws, Chapter 6, Section 1 5 YYY) 



230 Legal Holidays and Proclamations. 



Veteran Fireman's Muster Day Date fixed by Governor 

when issued 

(General Laws, Chapter 6, Section 12L) 

Boy Scout Week Date fixed by Governor 

(General Laws, Chapter 6, Section 15H) 

Traffic Safety Week Date fixed by Governor 

(General Laws, Chapter 6, Section 15P) 



General Court Parking Privileges. 23 1 



Chapter 140 of the Acts of 1934. 

An Act providing facilities for the parking of motor vehicles 
near the state house by members and officers of the 
general court. 

Be it enacted by the Senate and House of Representatives in General 
Court assembled, and by the authority of the same, as follows: 

SECTION 1 . The traffic commission of the city of Boston is hereby 
directed to provide in its regulations prohibiting or restricting the parking 
and standing of motor vehicles on public ways in said city that they shall 
not, so far as they relate to the easterly side of Hancock street between 
Mount Vernon and Deme streets, the southerly side of Deme street between 
Hancock and Bowdoin streets, and the westerly side of Bowdoin street 
between Mount Vernon and Beacon streets, apply to motor vehicles owned 
or used by members and officers of the general court. 

SECTION 2. This act shall take effect upon its passage. 

Chapter 183 of the Acts of 1962. 

An Act revising the law relative to parking on the state 
house grounds. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to provide forthwith for the establishment of rules and 
regulations relative to the parking of motor vehicles on the state house 
grounds in order to relieve traffic congestion in the vicinity of the state 
house, therefore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted by the Senate and House of Representatives in General Court 
assembled, and by the authority of the same, as follows: 

SECTION 1 . The parking area on the state house grounds, including 
that portion of Mount Vernon street between the westerly curb of 
Bowdoin street and the easterly curb of Hancock street, is hereby 
designated for the use of members of the general court, subject to such 
rules and regulations as the committee on rules of the two branches 
acting concurrently may adopt and for the use of such other persons as 
said committee may by such rules and regulations prescribe. Whoever 
violates any such rule or regulation shall be punished by a fine of not more 
than ten dollars for each such violation. The capitol police shall enforce 
said rules and regulations and for said purpose may exercise the powers 
conferred on them by section twelve of chapter eight of the General Laws. 

SECTION 2. Chapter two hundred and eleven of the acts of nineteen 
hundred and fifty-one is hereby repealed. 



I 



Districts 



Congressional, Councillor, 
Senatorial and Representative 



234 Congressional Districts. 

CONGRESSIONAL DISTRICTS 

[As established by Chapter 29 of the Acts of 2002. See General Laws, 
Chapter 57.] 

The United States census of 2000 was the basis of the apportionment. 



DISTRICT NO. 1. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Berkshire County. 

Adams 

Alford 

Becket 

Cheshire 

Clarksburg 

Dalton 

Egremont 

Florida 

Great Harrington 

Hancock 

Hinsdale 

Lanesborough 

Lee 

Lenox 

Monterey 

Mount Washington. . . 
New Ashford ....... 

New Marlborough . . . 

North Adams 

Otis 

Peru 

PiTTSFIELD 

Richmond 

Sandisfield 

Savoy 

Sheffield . . . 

Stockbridge 

Tyringham 



8,809 
399 
1,755 
3,401 
1,686 
6,892 
1,345 
676 
7,527 
721 
1,872 
2,990 
5,985 
5,077 
934 
130 
247 
1,494 
14,681 
1,365 
821 
45,793 
1,604 
824 
705 
3,335 
2,276 
350 



Washington 

West Stockbridge . . . 

Williamstown 

Windsor 

Franklin County. 

Ashfield 

Bemardston 

Buckland 

Charlemont 

Colrain 

Conway 

Deerfield 

Erving 

Gill 

Greenfield 

Hawley 

Heath 

Leverett 

Leyden 

Monroe 

Montague 

New Salem 

Northfield 

Orange 

Rowe 

Shelbume 

Shutesbury 

Sunderland 



Congressional Districts. 
DISTRICT NO. 1. — Concluded. 



235 



Cities and Towns ' 



Population 
2000 



Cities and Towns 



Warwick 

Wendell 

Whately 

Hampden County. 

Blandford . . 

Chester 

Granville 

HOLYOKE 

Montgomery 

Russell 

Southwick 

Tolland 

Westfield 

West Springfield 

Hampshire County. 

Amherst 

Belchertown 

Chesterfield 

Cummington 

Easthampton 

Goshen 

Granby 

Hatfield 

Huntington 

Middlefield 

Pelham 

Plainfield 

Southampton 

Ware 

Westhampton 

Williamsburg , 

Worthington 



750 
986 
1,573 



1,214 
1,308 
1,521 
39,838 
654 
1,657 
8,835 
426 
40,072 
27,899 



34,874 
12,968 
1,201 

978 
15,994 

921 
6,132 
3,249 
2,174 

542 
1,403 

589 
5,387 
9,707 
1,468 
2,427 
1,270 



Middlesex County. 

Ashby . . . . . 

Pepperell 

Townsend 

Worcester County. 

Ashbumham 

Athol 

Barre 

FiTCHBURG . . 

Gardner 

Hardwick 

Hubbardston 

Leominster 

Lunenburg 

New Braintree ...... 

Oakham . . . . 

Petersham 

Phillipston ......... 

Royalston 

Sterling 

Templeton 

West Brookfield 

Westminster 

Winchendon 

Totals 



[John W. Olver.] 



236 



Congressional Districts. 
DISTRICT NO. 2. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Hampden County. 

Agawam 

Brimfield 

Chicopee 

East Longmeadow 

Hampden 

Holland 

Longmeadow 

Ludlow 

Monson 

Palmer 

Springfield 

Wales 

Wilbraham 

Hampshire County. 

Hadley 

Northampton 

South Hadley 

Norfolk County. 
Bellingham , 

Worcester County. 

Blackstone 

Brookfield 

Charlton 

Douglas 

Dudley 

East Brookfield 

Grafton 



28,144 
3,339 

54,653 

14,100 
5,171 
2,407 

15,633 

21,209 
8,359 

12,497 
152,082 
1,737 

13,473 



4,793 
28,978 
17,196 



15,314 



8,804 

3,051 
11,263 

7,045 
10,036 

2,097 
14,894 



Hopedale 

Leicester 

Mendon 

Milford 

Millbury 

Millville 

North Brookfield. 

Northbridge 

Oxford 

Southbridge 

Spencer 

Sturbridge 

Sutton 

Upton 

Uxbridge 

Warren 

Webster 

Totals 



[Richard E. Neal.] 



Congressional Districts. 
DISTRICT NO. 3. 



237 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Bristol County. 

Attleboro 

Fall River: 

Ward 1 

Ward 2 

Ward 3 

Ward 4, Precinct A . 

Ward 4, Precinct B . 

Ward 5, Precinct A . 

Ward 5, Precinct B . 

Ward 6, Precinct B . 

Ward 6, Precinct C . 

Ward 8, Precinct D . 
North Attleborough ... 

Rehoboth 

Seekonk 

Somerset 

Swansea 

Middlesex County. 

Ashland 

Holliston 

Hopkinton 

Marlborough 

Norfolk County. 

Franklin 

Medway 

Plainville 

Wrentham 



42,068 

10,674 
10,213 
10,288 
3,397 
3,135 
3,428 
3,413 
3,373 
3,278 
2,505 
27,143 
10,172 
13,425 
18,234 
15,901 



14,674 
13,801 
13,346 
36,255 



29,560 
12,448 
7,683 
10,554 



Worcester County. 

Auburn 

Boylston 

Clinton 

Holden 

Northborough 

Paxton 

Princeton 

Rutland 

Shrewsbury 

Southborough 

West Boylston 

Westborough 

Worcester 

Totals 



15,901 
4,008 
13,435 
15,621 
14,013 
4,386 
3,353 
6,353 
31,640 
8,781 
7,481 
17,997 
172,648 

634,585 



[James P. McGovem.] 



238 



Congressional Districts. 
DISTRICT NO. 4. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Bristol County. 

Acushnet 

Berkley 

Dartmouth 

Dighton 

Fairhaven 

Fall River: 

Ward 4, Precinct C . 

Ward 5, Precinct C . 

Ward 6, Precinct A . 

Ward 7 

Ward 8, Precinct A . 

Ward 8, Precinct B . 

Ward 8, Precinct C . 

Ward 9 

Freetown 

Mansfield 

New Bedford 

Norton 

Raynham 

Taunton 

Westport 

Middlesex County. 

Newton 

Sherbom 



10,161 
5,749 

30,666 
6,175 

16,159 

3,223 
3,175 
3,167 
10,186 
2,507 
2,621 
2,709 
10,646 
8,472 
22,414 
93,768 
18,036 
11,739 
55,976 
14,183 



83,829 
4,200 



Norfolk County. 

Brookline 

Dover 

Foxborough 

Millis 

Norfolk 

Sharon 

Wellesley 

Plymouth County. 

Halifax 

Lakeville 

Marion 

Mattapoisett 

Middleborough 

Rochester 

Wareham 

Totals 



57,107 
5,558 
16,246 
7,902 
10,460 
17,408 
26,613 



7,500 
9,821 
5,123 
6,268 

19,941 
4,581 

20,335 

1634,624 



[Barney Frank.] 



Congressional Districts. 
DISTRICT NO. 5. 



239 



Population 
2000 



Cities and Towns 



31,247 
58,969 
72,043 
43,789 



20,331 
7,287 

38,981 
4,868 
4,717 

33,858 

16,993 

28,562 
2,829 
9,547 

18,113 
8,184 
105,167 

10,433 
6,373 
5,902 



Sudbury 

Tewksbury 

Tyngsborough 

Wayland: 

Precinct 1 

Precinct 3 

Precinct 4 

Westford 

Worcester County. 

Berlin 

Bolton 

Harvard 

Lancaster 

Total 



[Martin T. Meehan.] 



DISTRICT NO. 6. 



Cities and Towns 


Population 
2000 




Cities and Towns 


Population 
2000 


Essex County. 
Amesbury 


16,450 

39,862 
7,921 

25,212 
3,267 
7,377 

30,273 




Groveland 

Hamilton 


6,038 
8,315 
12,987 
89,050 
11,542 


Beverly 




Ipswich 


Boxford 




Lynn 


Danvers 




Lynnfield 


Essex 

Georgetown 




Manchester-by-the-Sea 
Marblehead 


5,228 
20,377 
6,138 


Gloucester 




Merrimac 









240 



Congressional Districts. 
DISTRICT NO. 6 — Concluded. 



Population 
2000 



Cities and Towns 



7,744 
3,632 
6,717 
17,189 
27,202 
48,129 
1,161 
5,500 
40,407 
7,827 
26,078 
14,412 
6,141 
4,440 



West Newbury 

Middlesex County. 

Bedford 

Burlington 

North Reading 

Reading 

Wakefield 

Wilmington 

Totals 



[John F. Tiemey.] 



DISTRICT NO. 7. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Population 
2000 



Middlesex County. 

Arlington 

Belmont 

Everett 

Framingham 

Lexington 

Lincoln 

Malden 

Medford 

Melrose 

Natick 

Stoneham 

Waltham 

Watertown 

Wayland: 

Precinct 2 



42,389 
24,194 
38,037 
66,910 
30,355 
8,056 
56,340 
55,765 
27,134 
32,170 
22,219 
59,226 
32,986 

3,383 



Weston 

Winchester 

WOBURN 

Suffolk County. 

Revere 

Winthrop 

Totals 



11,469 
20,810 
37,258 



47,283 
18,303 



634,287 



[Edward J. Markey.] 



Congressional Districts. 
DISTRICT NO. 8. 



241 



Cities and Towns 



Population 
2000 



Cities and Towns 



Middlesex County. 

Cambridge 

somerville 

Suffolk County. 
Boston: 

Ward 1 

Ward 2 

Ward 3, Precincts 

1,2,3,4, 7 and 8 

Ward 4 

Ward 5, Precincts 

1,2, 6, 7, 8, 9 and 10 

Ward 7, Precinct 10 

Ward 8 

Ward 9 

Ward 10 

Ward 11 

Ward 12 

Ward 13, Precincts 

1,2,4, 5 and 6 



101,355 
77,478 



39,053 
15,195 

19,115 
31,682 

28,386 
2,439 
11,645 
14,774 
20,450 
18,685 
16,922 

8,689 



Ward 14 

Ward 15, Precincts 1, 

2, 3, 4, 5, 7, 8 and 9 
Ward 1 6, Precincts 

1 and 3 

Ward 17, Precincts 
1,2,3,5, 6, 7, 8, 9, 
10, 11 and 12 

Ward 18, Precincts 1, 
2,3,4, 5, 6, 7, 8, 13 
14, 15 and 21 

Ward 19, Precincts 1, 

3, 4, 5, 6, 8 and 9 ... 

Ward 21 

Ward 22 

Chelsea 

Totals 



[Michael E. Capuano.] 



DISTRICT NO. 9. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Bristol County. 
Easton 

Norfolk County. 

Avon 

Braintree 

Canton 

Dedham 

Holbrook 

Medfield 

Milton 



22,299 



4,443 
33,828 
20,775 
23,464 
10,785 
12,273 
26,062 



Needham 

Norwood , 

Randolph 

Stoughton 

Walpole , 

Westwood 

Plymouth County. 
Bridgewater ........ 

Brockton 

East Bridgewater . . . , 



242 



Congressional Districts. 
DISTRICT NO. 9 — Concluded. 



Cities and Towns 


Population 
2000 




Cities and Towns 


Population 
2000 


Hanson: 
Precinct 1 


3,177 
3,207 
6,634 
13,882 

9,052 

7,113 
15,662 

17,926 

11,976 
1,345 




2, 4, 5, 6, 7, 8, 9, 10, 
11 and 12 




Precinct 3 

West Bridgewater. . . . 

Whitman ........... 

Suffolk County. 
Boston: 
Ward 3, Precincts 

5 and 6 

Ward 5, Precincts 

3, 4, 5 and 1 1 .... 
Ward 6 




Ward 17, Precincts 

4, 13 and 14 
Ward 18, Precincts 

9, 10, 11, 12, 16, 17, 

18, 19, 20, 22 and 23 
Ward 19, Precincts 2, 

7, 10, 11, 12 and 13 
Ward 20 

Totals 


20,759 
6,425 

22,895 

12,958 
38,108 


Ward 7, Precincts 1 ,2, 
3, 4, 5, 6, 7, 8 and 9 
Ward 13, Precincts 
3,7, 8, 9 and 10 .. 
Ward 15, Precinct 6. 
Ward 16, Precincts 




[Stepher 


634,062 
F. Lynch.] 



DISTRICT NO. 10. 



Cities and Towns 



Population 
2000 



Cities and Towns 



Barnstable County. 

Barnstable 

Bourne 

Brewster 

Chatham 

Dennis 

Eastham 

Falmouth 

Harwich 

Mashpee 

Orleans . 

Provincetown 

Sandwich 



47,821 
18,721 
10,094 

6,625 
15,973 

5,453 
32,660 
12,386 
12,946 

6,341 

3,431 
20,136 



Truro 

Wellfleet 

Yarmouth ........ 

Dukes County. 

Aquinnah 

Chilmark 

Edgartown 

Gosnold 

Oak Bluffs 

Tisbury 

West Tisbury 



Congressional Districts. 
DISTRICT NO. 10 — Concluded. 



243 



Cities and Towns 



Cities and Towns 



Population 
2000 



Nantucket County. 
Nantucket 

Norfolk County. 
Cohasset 

QUINCY 

Weymouth 

Plymouth County. 

Abington. 

Carver. 

Duxbury 

Hanover 

Hanson: 
Precinct 2 



Hingham. . 

Hull 

Kingston . . 
Marshfield 
Norwell. . . 
Pembroke . 
Plymouth . 
Plympton . 
Rockland . 
Scituate. . . 

Totals. ... 



19,882 
11,050 
11,780 
24,324 

9,765 
16,927 
51,701 

2,637 
17,670 
17,863 



635,901 



[William D. Delahunt.] 



Councillor Districts. 



245 



COUNCILLOR DISTRICTS. 

(With Councillors for 20 11-201 2) 

[As established by Chapter 126, Section 2, of the Acts of 2001, 
based on the Federal Census of 2000. See General Laws, Chapter 57.] 

I. The First Bristol and Plymouth, the Second Bristol and Plymouth, the 
Cape and Islands, the Plymouth and Barnstable and the First Plymouth and 
Bristol Senatorial Districts. 

Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, 
Harwich, Mashpee, Orleans, Provincetown, Sandwich, Truro, Wellfleet 
and Yarmouth, in the county of Barnstable; Acushnet, Berkley, 
Dartmouth, Dighton, Fairhaven, Fall River, Freetown, New 
Bedford, Raynham, Somerset, Swansea, Taunton, and Westport, in 
the county of Bristol; Aquinnah, Chilmark, Edgartown, Gosnold, Oak 
Bluffs, Tisbury and West Tisbury, in the county of Dukes County, 
Nantucket, in the county of Nantucket; and Bridgewater, Carver, 
Kingston, Lakeville, Marion, Mattapoisett, Middleborough, Pembroke, 
Plymouth, Plympton, Rochester and Wareham, in the county of 
Plymouth. [Charles Oliver CipoUini, Fall River.] 

II. The Bristol and Norfolk, the Second Middlesex and Norfolk, the 
Norfolk, Bristol and Middlesex, the Norfolk, Bristol and Plymouth and the 
Suffolk and Norfolk Senatorial Districts. 

Attleboro, Easton, precincts 3 to 6, inclusive, Mansfield, North 
Attleborough, Norton, Rehoboth and Seekonk, in the county of Bristol; 
Ashland, Framingham, Holliston, Hopkinton, Natick, Sherbom and 
Wayland, in the county of Middlesex; Avon, Braintree, precincts 1, 3, 4 
and 5, Canton, Dedham, Dover, Foxborough, Franklin, Medfield, 
Medway, Millis, Milton, Needham, Norfolk, Norwood, Plainville, 
Randolph, Sharon, Stoughton, Walpole, Wellesley, precincts B, F and 
G, Westwood and Wrentham, in the county of Norfolk; East 
Bridgewater, precinct 4, and West Bridgewater, in the county of 
Plymouth; Boston, ward 18, precincts 7 to 20, inclusive, 22 and 23, 
ward 19, precincts 10 to 13, inclusive, and ward 20, in the county of 
Suffolk. [Kelly A. Timilty, Dedham.] 

III. The First Middlesex, the Third Middlesex, the First Middlesex and 
Norfolk, the Middlesex and Worcester and the Second Suffolk and 
Middlesex Senatorial Districts. 



246 



Councillor Districts. 



Acton, Ayer, Bedford, Belmont, Boxborough, Cambridge, ward 9, 
precincts 2 and 3, ward 10, precincts 1 and 3, and ward 11, Carlisle, 
Chelmsford, Concord, Dunstable, Groton, Hudson, Lexington, 
precincts 3, 8 and 9, Lincoln, Littleton, Lowell, Marlborough, 
Maynard, Newton, Pepperell, Shirley, Stow, Sudbury, Tyngsborough, 
Waltham, Watertown, Westford and Weston, in the county of 
Middlesex; Brookline and Wellesley, precincts A and C to E, inclu- 
sive, in the county of Norfolk; Boston, ward 4, precincts 7 and 10, 
ward 5, precincts 2, 9 and 10, ward 21, precincts 1 to 3, inclusive, and 
5, and 8 to 16, inclusive, and ward 22, precincts 3 and 4, and 6 to 13, 
inclusive, in the county of Suffolk; and Harvard, Northborough, 
precinct 3, Southborough and Westborough, in the county of 
Worcester. [Marilyn M. Petitto Devaney, Watertown.] 

IV. The Norfolk and Plymouth, the Second Plymouth and Bristol, the 
Plymouth and Norfolk, the First Suffolk and the Second Suffolk Senatorial 
Districts. 

Easton, precincts 1 and 2, in the county of Bristol; Braintree, precincts 2 
and 6 to 12, inclusive, Cohasset, Holbrook, Quincy, and Weymouth, 
in the county of Norfolk; Boston, ward 1, precinct 15, ward 3, 
precincts 7 and 8, ward 4, precincts 1 to 6, inclusive, 8 and 9, ward 5, 
precincts 1, 4 to 8, inclusive, and 11, ward 6, ward 7, ward 8, ward 9, 
ward 10, ward 11, ward 12, ward 13, ward 14, ward 15, ward 16, ward 
17, ward 18, precincts 1 to 6, inclusive, and 21, ward 19, precincts 1 to 
9, inclusive, in the county of Suffolk; and Abington, Brockton, 
Duxbury, East Bridgewater, precincts 1 to 3, inclusive, Halifax, 
Hanover, Hanson, Hingham, Hull, Marshfield, Norwell, Rockland, 
Scituate and Whitman, in the county of Plymouth. [Christopher A. 
lannella, Jr., Boston.] 

V. The First Essex, the Second Essex, the First Essex and Middlesex, the 
Second Essex and Middlesex and the Third Essex and Middlesex 
Senatorial Districts. 

Amesbury, Andover, Beverly, Boxford, Danvers, Essex, Georgetown, 
Gloucester, Groveland, Hamilton, Haverhill, Ipswich, Lawrence, 
Lynn, Manchester-by-the-Sea, Marblehead, Merrimac, Methuen, 
Middleton, Nahant, Newbury, Newburyport, North Andover, 
Peabody, Rockport, Rowley, Salem, Salisbury, Saugus, precincts 1 , 3 
to 5, inclusive, 7 to 9, inclusive, Swampscott, Topsfield, Wenham and 
West Newbury, in the county of Essex; and Dracut, Melrose, wards 6 
and 7, North Reading, Tewksbury and Wilmington, in the county of 
Middlesex. [Mary-Ellen Manning, Salem.] 



Councillor Districts. 



247 



VI. The Second Middlesex, the Fourth Middlesex, the Middlesex and 
Essex, the Middlesex, Suffolk and Essex and the First Suffolk and 
Middlesex Senatorial Districts. 

Lynnfield and Saugus, precincts 2, 6 and 10, in the county of Essex', 
Arlington, Billerica, Burlington, Cambridge, ward 1, ward 2, ward 3, 
ward 4, ward 5, ward 6, ward 7, ward 8, ward 9, precinct 1, ward 10, 
precinct 2, Everett, Lexington, precincts 1 and 2 and 4 to 7, inclusive, 
Malden, Medford, Melrose, wards 1 to 5, inclusive, Reading, 
SoMERViLLE, Stoneham, Wakefield, Woburn and Winchester, in the 
county of Middlesex; and Boston, ward 1, precincts 1 to 14, inclusive, 
ward 2, ward 3, precincts 1 to 6, inclusive, ward 5, precinct 3, ward 21, 
precincts 4, 6 and 7 and ward 22, precincts 1, 2 and 5, Chelsea, 
Revere, and Winthrop, in the county of Suffolk. [Terrence Kennedy, 
Lynnfield.] 

VII. The First Worcester, the Second Worcester, the Worcester, Hampden, 
Hampshire and Franklin, the Worcester and Middlesex and the Worcester 
and Norfolk Senatorial Districts. 

Orange and Warwick, in the county of Franklin; Brimfield, Holland, 
Monson, Palmer and Wales, in the county of Hampden; Ware, in the 
county of Hampshire; Ashby and Townsend, in the county of 
Middlesex; Bellingham, in the county of Norfolk; Ashbumham, Athol, 
Auburn, Barre, Berlin, Blackstone, Bolton, Boylston, Brookfield, 
Charlton, Clinton, Douglas, Dudley, East Brookfield, Fitchburg, 
Gardner, Grafton, Hardwick, Holden, Hopedale, Hubbardston, 
Lancaster, Leicester, Leominster, Lunenburg, Mendon, Milford, 
Millbury, Millville, New Braintree, North Brookfield, Northborough, 
precincts 1, 2 and 4, Northbridge, Oakham, Oxford, Paxton, 
Petersham, Phillipston, Princeton, Royalston, Rutland, Shrewsbury, 
Southbridge, Spencer, Sterling, Sturbridge, Sutton, Templeton, Upton, 
Uxbridge, Warren, Webster, West Boylston, West Brookfield, 
Westminster, Winchendon and Worcester, in the county of 
Worcester. [Jennie Caissie, Oxford.] 

VIII. The Berkshire, Hampshire and Franklin, the Hampden, the First 
Hampden and Hampshire, the Second Hampden and Hampshire and the 
Hampshire and Franklin Senatorial Districts. 

Adams, Alford, Becket, Cheshire, Clarksburg, Dalton, Egremont, Florida, 
Great Barrington, Hancock, Hinsdale, Lanesborough, Lee, Lenox, 
Monterey, Mount Washington, New Ashford, New Marlborough, 
North Adams, Otis, Peru, Pittsfield, Richmond, Sandisfield, Savoy, 



248 



Councillor Districts. 



Sheffield, Stockbridge, Tyringham, Washington, West Stockbridge, 
Williamstown and Windsor, in the county of Berkshire; Ashfield, 
Bemardston, Buckland, Charlemont, Colrain, Conway, Deerfield, 
Erving, Gill, Greenfield, Hawley, Heath, Leverett, Leyden, Monroe, 
Montague, New Salem, Northfield, Rowe, Shelbume, Shutesbury, 
Sunderland, Wendell and Whately, in the county of Franklin; 
Agawam, Blandford, Chester, Chicopee, East Longmeadow, 
Granville, Hampden, Holyoke, Longmeadow, Ludlow, Montgomery, 
Russell, Southwick, Springfield, Tolland, West Springfield, 
Westfield and Wilbraham, in the county of Hampden; Amherst, 
Belchertown, Chesterfield, Cummington, Easthampton, Goshen, 
Granby, Hadley, Hatfield, Huntington, Middlefield, Northampton, 
Pelham, Plainfield, South Hadley, Southampton, Westhampton, 
Williamsburg and Worthington, in the county of Hampshire. [Thomas 
T. Merrigan, Greenfield.] 



Senatorial Districts. 



249 



SENATORIAL DISTRICTS 

(With Senators for 2009-2010) 

[As established by Chapter 126, Section 3, of the Acts of 2001, based on 
the Federal census of 2000. See General Laws, Chapter 57.] 

I [Average ratio for the State, Inhabitants, 1 58,727.] 

BERKSHIRE, HAMPSHIRE AND FRANKLIN. — Adams, Alford, 
Becket, Cheshire, Clarksburg, Dalton, Egremont, Florida, Great 
Barrington, Hancock, Hinsdale, Lanesborough, Lee, Lenox, Monterey, 
Mount Washington, New Ashford, New Marlborough, North Adams,' 
Otis, Peru, Pittsfield, Richmond, Sandisfield, Savoy, Sheffield,' 
Stockbridge, Tyringham, Washington, West Stockbridge,' 
Williamstown and Windsor, in the county of Berkshire; Chesterfield' 
Cummington, Goshen, Huntington, Middlefield, Plainfield,' 
Westhampton, Williamsburg and Worthington, in the county of Hamp- 
shire; and Ashfield, Charlemont, Conway, Hawley, Heath, Monroe 
and Rowe, in the county of Franklin. [Benjamin B. Downing 
Pittsfield.] ^' 

BRISTOL AND NORFOLK. — Attleboro, ward 3, precinct B, ward 4, 
precincts A and B, ward 5, precincts A and B, ward 6, precincts A and 
B, Mansfield, Norton, Rehoboth and Seekonk, in the county of Bristol; 
and Dover, Foxborough, Medfield, Sharon, precincts 1, 4 and 5, and 
Walpole, in the county of Norfolk. James E. Timilty, Walpole.] 

FIRST BRISTOL AND PLYMOUTH. - Fall River, Freetown, 
Somerset, Swansea and Westport, in the county of Bristol; and 
Lakeville and Rochester, in the county of Plymouth. [Michael J. 
Rodrigues, Westport.] 

SECOND BRISTOL AND PLYMOUTH. - New Bedford, Acushnet, 
Dartmouth and Fairhaven, m the county of Bristol; and Mattapoisett[ 
in the county of Plymouth. [Mark C. Montigny, New Bedford.] 

CAPE AND ISLANDS. — Barnstable, precincts 1 to 9, inclusive, and 13, 
Brewster, Chatham, Dennis, Eastham, Harwich, Mashpee, Orleans,' 
Provincetown, Truro, Wellfleet and Yarmouth, in the county of 
Barnstable; Aquinnah, Chilmark, Edgartown, Gosnold, Oak Bluffs, 
Tisbury and West Tisbury, in the county of Dukes County; and 
Nantucket, in the county of Nantucket. [Daniel A. Wolf, Harwich.] 



250 



Senatorial Districts. 



FIRST ESSEX. — Haverhill, Newburyport, Amesbury, Merrimac, 
Methuen, North Andover, precincts 1, 4, 6 and 8, and Salisbury. 
[Steven A. Baddour, Methuen.] 

SECOND ESSEX. — Beverly, Peabody, Salem, Danvers and Topsfield. 
[Frederick E. Berry, Peabody.] 

FIRST ESSEX AND MIDDLESEX. — Gloucester, Boxford, Essex, 
Georgetown, Groveland, Hamilton, Ipswich, Manchester-by-the-Sea, 
Middleton, Newbury, North Andover, precincts 2, 3, 5 and 7, 
Rockport, Rowley, Wenham and West Newbury, in the county of 
Essex; and North Reading and Wilmington, in the county of 
Middlesex. [Bruce E. Tarr, Gloucester.] 

SECOND ESSEX AND MIDDLESEX. — Lawrence, and Andover, in the 
county of Essex; and Dracut and Tewksbury, in the county of 
Middlesex. [Barry R. Finegold, Andover.] 

THIRD ESSEX AND MIDDLESEX. — Lynn, Marblehead, Nahant, 
Saugus, precincts 1, 3 to 5, inclusive, 7 to 9, inclusive, and 
Swampscott, in the county of Essex; and Melrose, wards 6 and 7, in 
the county of Middlesex. [Thomas M. McGee, Lynn.] 

HAMPDEN — Chicopee, ward 2, precincts A to D, inclusive, ward 4, 
precincts A to C, inclusive, ward 5, precincts A and B, and 
Springfield, wards 1, 3 and 4, ward 5, precincts A and B, ward 6, and 
Agawam and West Springfield. [James T. Welch ,West Springfield.] 

FIRST HAMPDEN AND HAMPSHIRE. — Springfield, ward 2, ward 5, 
precincts C to H, inclusive, wards 7 and 8, East Longmeadow, 
Hampden, Longmeadow, Ludlow and Wilbraham, in the county of 
Hampden; and Belchertown, precincts B and C, and Granby, in the 
county of Hampshire. [Gale D. Candaras, Wilbraham.] 

SECOND HAMPDEN AND HAMPSHIRE. — Chicopee, ward 1, 
precincts A and B, ward, 3, precincts A to C, inclusive, ward 6, 
precincts A and B, ward 7, precincts A and B, ward 8, precincts A and 
B, ward 9, precincts A and B, Holyoke, Westfield, Blandford, 
Chester, Granville, Montgomery, Russell, Southwick and Tolland, in 
the county of Hampden; and Easthampton and Southampton, in the 
county of Hampshire. [Michael R. Knapik, Westfield.] 

HAMPSHIRE AND FRANKLIN. — Northampton, Amherst, 
Belchertown, precincts A and D, Hadley, Hatfield, Pelham and South 
Hadley, in the county of Hampshire; and Bernardston, Buckland, 
Colrain, Deerfield, Erving, Gill, Greenfield, Leverett, Leyden, 
Montague, New Salem, Northfield, Shelburne, Shutesbury, 



Senatorial Districts. 



251 



Sunderland, Wendell and Whately, in the county of Franklin. 
[Stanley C. Rosenberg, Amherst.] 

FIRST MIDDLESEX. — Lowell, Dunstable, Groton, Pepperell, Tyngs- 
borough and Westford. [Eileen M. Donoghue, Lowell.] 

SECOND MIDDLESEX. — Medford, Somerville, ward 1, precincts 2 
and 3, ward 2, precincts 2 and 3, and wards 3 to 7, inclusive, Woburn, 
ward 2, and Winchester. [Charles E. Shannon, Jr., Winchester.] 
(Deceased April 5, 2006). [Patricia D. Jehlen, Somerville.]^ 

THIRD MIDDLESEX. — Waltham, Bedford, Carlisle, Chelmsford, 
Concord, Lexington, precincts 3, 8 and 9, Lincoln, Sudbury, precincts 1 
and 4, and Weston. [Susan C. Fargo, Lincoln.] 

FOURTH MIDDLESEX. — Woburn, ward 1, wards 3 to 7, inclusive, 
Arlington, Billerica, Burlington and Lexington, precincts 1 and 2 and 4 
to 7, inclusive. [Kenneth J. Donnelly, Arlington.] 

MIDDLESEX AND ESSEX. — Malden, Melrose, wards 1 to 5, inclu- 
sive, Reading, Stoneham and Wakefield, in the county of Middlesex; 
and Lynnfield, in the county of Essex. [Katherine M. Clark, Melrose.] 

FIRST MIDDLESEX AND NORFOLK. — Newton, in the county of 
Middlesex; and Brookline and Wellesley, precincts A and C to E, inclu- 
sive, in the county of Norfolk. [Cynthia Stone Creem, Newton.] 

SECOND MIDDLESEX AND NORFOLK. — Ashland, Framingham, 
Holliston, Hopkinton and Natick, precincts 1 to 5, inclusive, and 8, in 
the county of Middlesex; Franklin, precincts 1 and 5 to 8, inclusive, 
and Medway, in the county of Norfolk. [Karen E. Spilka, Ashland.] 

MIDDLESEX, SUFFOLK AND ESSEX. — Cambridge, ward 3, precinct 
2, wards 6 and 7, ward 8, precincts 1 and 2, ward 9, precinct 1, ward 
10, precinct 2, Everett and Somerville, ward 1, precinct 1, ward 2, 
precinct 1, in the county of Middlesex; Boston, ward 2, ward 21, 
precincts 4, 6 and 7, ward 22, precincts 1, 2 and 5, Chelsea and 
Revere, ward 6, in the county of Suffolk; and Saugus, precincts 2, 6 
and 10, in the county of Essex. [Sal N. DiDomenico, Everett.] 

MIDDLESEX AND WORCESTER. — Marlborough, Acton, Ayer, 
Boxborough, Hudson, Littleton, Maynard, Shirley, Stow and Sudbury, 
precincts 2, 3 and 5, in the county of Middlesex; and Harvard, 
Northborough, precinct 3, Southborough and Westborough, in the 
county of Worcester. [James B. Eldridge, Acton.] 



1. Elected Sept. 27, 2005; qualified Oct. 12, 2005. 



252 



Senatorial Districts. 



NORFOLK, BRISTOL AND MIDDLESEX. — Franklin, precincts 2 to 4, 
inclusive, Millis, Needham, Norfolk, Plainville, Wellesley, precincts 
B, F and G, and Wrentham, in the county of Norfolk; Attleboro, 
wards 1 and 2, ward 3, precinct A, and North Attleborough, in the 
county of Bristol; and Natick, precincts 6, 7, 9 and 10, Sherbom and 
Wayland, in the county of Middlesex. [Richard J. Ross , Wrentham.] 

NORFOLK, BRISTOL AND PLYMOUTH. — Avon, Braintree, precincts 
1, 3, 4 and 5, Canton, Milton, Randolph, Sharon, precincts 2 and 3, 
and Stoughton, in the county of Norfolk; Easton, precincts 3 to 6, 
inclusive, in the county of Bristol; and East Bridgewater, precinct 4, 
and West Bridgewater, in the county of Plymouth. [Brian A. Joyce, 
Milton.] 

NORFOLK AND PLYMOUTH. — Quincy, Braintree, precincts 2 and 6 
to 12, inclusive, and Holbrook, in the county of Norfolk; and Abington 
and Rockland, in the county of Plymouth. [John F. Keenan, Quincy.] 

PLYMOUTH AND BARNSTABLE. — Kingston, Pembroke, Plymouth 
and Plympton, in the county of Plymouth; and Barnstable, precincts 10 
to 12, inclusive, Bourne, Falmouth and Sandwich, in the county of 
Barnstable. [Therese Murray, Plymouth.] 

FIRST PLYMOUTH AND BRISTOL. — Bridgewater, Carver, Marion, 
Middleborough and Wareham, in the county of Plymouth; and 
Taunton, Berkley, Dighton and Raynham, in the county of Bristol. 
[Marc R. Pacheco, Taunton.] 

SECOND PLYMOUTH AND BRISTOL. — Brockton, East 
Bridgewater, precincts 1 to 3, inclusive, Halifax, Hanover, Hanson and 
Whitman, in the county of Plymouth; and Easton, precincts 1 and 2, in 
the county of Bristol. [Thomas P. Kennedy, Brockton.] 

PLYMOUTH AND NORFOLK. — Duxbury, Hingham, Hull, Marshfield, 
Norwell and Scituate, in the county of Plymouth; and Cohasset and 
Weymouth, in the county of Norfolk. [Robert L. Hedlund, Weymouth.] 

FIRST SUFFOLK. — Boston, ward 1, precinct 15, wards 6, 7 and 13, 
ward 14, precincts 1, 2, 4, 5 and 12 to 14, inclusive, wards 15, 16 and 
17, ward 18, precincts 1 to 6, inclusive, and 21. [John A. Hart, Jr., 
Boston.] 

SECOND SUFFOLK. — Boston, ward 3, precincts 7 and 8, ward 4, 
precincts 1 to 6, inclusive, 8 and 9, ward 5, precincts 1, 4 to 8, inclu- 
sive, and 11, wards 8, 9, 10, 11 and 12, ward 14, precincts 3, 6 to 11, 
inclusive, and ward 19, precincts 1 to 9, inclusive. [Sonia R. Chang- 
Diaz, Boston.] 



Senatorial Districts. 



253 



FIRST SUFFOLK AND MIDDLESEX. — Boston, ward 1, precincts 1 to 
14, inclusive, ward 3, precincts 1 to 6, inclusive, and ward 5, precinct 
3, Revere, wards 1 to 5, inclusive, and Winthrop, in the county of 
Suffolk; and Cambridge, wards 1 and 2, ward 3, precincts 1 and 3, 
wards 4 and 5, and ward 8, precinct 3, in the county of Middlesex. 
[Anthony W. Petruccelli, Boston.] 

SECOND SUFFOLK AND MIDDLESEX. — Boston, ward 4, precincts 7 
and 10, ward 5, precincts 2, 9 and 10, ward 21, precincts 1 to 3, inclu- 
sive, and 5, and 8 to 16, inclusive, ward 22, precincts 3 and 4, and 6 to 
13, inclusive, in the county of Suffolk; Cambridge, ward 9, precincts 2 
and 3, ward 10, precincts 1 and 3, and ward 11, and Belmont and 
Watertown, in the county of Middlesex. [Steven A. Tolman, Boston.] 

SUFFOLK AND NORFOLK. — Boston, ward 18, precincts 7 to 20, 
inclusive, 22 and 23, ward 19, precincts 10 to 13, inclusive, and ward 
20, in the county of Suffolk; and Dedham, Norwood and Westwood, in 
the county of Norfolk. [Michael F. Rush, Boston.] 

FIRST WORCESTER. — Worcester, wards 1 to 4, inclusive, 9 and 10, 
Berlin, Boylston, Clinton, precincts 3 and 4, Holden, Northborough, 
precincts 1, 2 and 4, Paxton, Princeton and West Boylston. [Harriette 
L. Chandler, Worcester.] 

SECOND WORCESTER. — Worcester, wards 5 to 8, inclusive. Auburn, 
Grafton, Leicester, Millbury, Shrewsbury and Upton. [Michael O. 
Moore, Millbury.] 

WORCESTER, HAMPDEN, HAMPSHIRE AND FRANKLIN. — 
Ashburnham, Athol, Barre, Brookfield, Charlton, East Brookfield, 
Hardwick, Hubbardston, New Braintree, North Brookfield, Oakham, 
Petersham, Phillipston, Royalston, Rutland, Spencer, Sturbridge, 
Templeton, Warren, West Brookfield and Winchendon, in the county 
of Worcester, Brimfield, Holland, Monson, Palmer and Wales, in the 
county of Hampden; Ware, in the county of Hampshire; and Orange 
and Warwick, in the county of Franklin. [Stephen M. Brewer, Barre.] 

WORCESTER AND MIDDLESEX. — Fitchburg, Gardner, Leominster, 
Bolton, Clinton, precincts 1 and 2, Lancaster, Lunenburg, Sterling and 
Westminster, in the county of Worcester; and Ashby and Townsend, in 
the county of Middlesex. [Jennifer L. Flanagan, Leominster.] 

WORCESTER AND NORFOLK. — Blackstone, Douglas, Dudley, 
Hopedale, Mendon, Milford, Millville, Northbridge, Oxford, 
Southbridge, Sutton, Uxbridge and Webster, in the county of 
Worcester; and Bellingham, in the county of Norfolk. [Richard T. 
Moore, Uxbridge.] 



254 Representative Districts. 



REPRESENTATIVE DISTRICTS.* 

[As established under authority of Chapter 125 of the Acts of 2001 
and amended by Chapter 74 of the Acts of 2004.^ 
See General Laws, Chapter 57, Section 4.] 
One To Be Elected From Each District. 



Average ratio for Representative: Population 39,682. 



BARNSTABLE, DUKES AND NANTUCKET COUNTIES 

Six Representatives. 

First Barnstable. — Consisting of the towns of Brewster and Dennis, 
and precincts 1, 2, 4 and 7, of the town of Yarmouth, all in the 
county of Barnstable. Cleon H. Turner (D), Dennis. 

Second Barnstable. — Consisting of Precincts 1, 2, 3, 4, 6, 8, 9 and 
13, of the town of Barnstable, and precincts 3, 5 and 6, of the town 
of Yarmouth, both in the county of Barnstable. Demetrius J. Atsalis 
(D), Barnstable. 

Third Barnstable. — Consisting of precincts 5 and 7, of the town of 
Barnstable, precincts 5 and 6, of the town of Bourne, precincts 3, 4, 
7, 8 and 9, of the town of Falmouth, and precincts 2, 4 and 5, of the 
town of Mashpee, all in the county of Barnstable. David T. Vieira 
(R), Falmouth. 

Fourth Barnstable. — Consisting of the towns of Chatham, Eastham, 
Harwich, Orleans, Provincetown, Truro and Wellfleet, all in the 
county of Barnstable. Sarah K. Peake (D), Provincetown. 

Fifth Barnstable. — Consisting of precincts 10, 1 1 and 12, of the town 
of Barnstable, precinct 4, of the town of Bourne, precincts 1 and 3, 
of the town of Mashpee, and all precincts of the town of Sandwich, 
all in the county of Barnstable. Randy Hunt (R), Sandwich. 

Barnstable, Dukes and Nantucket. — Consisting of precincts 1, 2, 5 
and 6, of the town of Falmouth, in the county of Barnstable; and the 
towns of Chilmark, Edgartown, Aquinnah, Gosnold, Oak Bluffs, 
Tisbury and West Tisbury, all in the county of Dukes County; and 
the town of Nantucket, in the county of Nantucket. Timothy R. 
Madden (D), Nantucket. 

BERKSHIRE 

Four Representatives. 

First Berkshire. — Consisting of the towns of Adams, Clarksburg, t 
Florida, North Adams, Savoy and Williamstown, all in the county of I 
Berkshire; and the towns of Charlemont, Hawley, Heath, Monroe ] 



* The Federal Census of 2000 was the basis of apportionment. 
Districts that were amended by Chapter 74 of the Acts of 2004. 



Representative Districts. 



255 



and Rowe, all in the county of Franklin. Gailanne M. Cariddi (D), 
North Adams. 

Second Berkshire. — Consisting of the towns of Becket, Cheshire, 
Dalton, Hancock, Hinsdale, Lanesborough, New Ashford, Peru, 
Richmond, Washington and Windsor, and precinct B of ward 1, of 
the city of Pittsfield, all in the county of Berkshire; the towns 
of Ashfield, Bemardston, Buckland, Colrain, Leyden, Northfield and 
Shelbume, all in the county of Franklin; and the towns of Cumming- 
ton, Middlefield and Plainfield, all in the county of Hampshire. Paul 
W. Mark (D), Dalton. 

Third Berkshire. — Consisting of precinct A of ward 1, all precincts of 
wards 2, 3, 4, precinct A of ward 5, and all precincts of wards 6 and 
7, of the city of Pittsfield, in the county of Berkshire. Christopher N. 
Speranzo (D), Pittsfield. 

Fourth Berkshire. — Consisting of the towns of Alford, Egremont, 
Great Barrington, Lee, Lenox, Monterey, Mount Washington, New 
Marlborough, Otis, precinct 5B of the city of Pittsfield, the towns of 
Sandisfield, Sheffield, Stockbridge, Tyringham and West Stock- 
bridge, all in the county of Berkshire; and the towns of Blandford, 
Chester and Tolland, all in the county of Hampden. William Smitty 
Pignatelli (D), Lenox. 

BRISTOL 

Fourteen Representatives. 

First Bristol. — Consisting of the town of Foxborough, in the county 
of Norfolk; and precincts 1, 3 and 6, of the town of Mansfield, and 
precincts 3, 4 and 5, of the town of Norton, both in the county of 
Bristol. F. Jay Barrows (R), Mansfield. 

Second Bristol. — Consisting of all precincts in wards 1 and 2, 
precinct A of ward 3, and all precincts of wards 4, 5 and 6, of the 
city of Attleboro, in the county of Bristol. George T. Ross (R), 
Attleboro. 

Third Bristol. — Consisting of precinct B of ward 1, and all precincts 
of wards 2, 3, 5, 7 and 8, of the city of Taunton, in the county of 
Bristol. Shaunna L. O'Connell (R), Taunton. 

Fourth Bristol. — Consisting of precinct 1, of the town of Norton, the 
towns of Rehoboth and Seekonk, and precincts 1, 3, 4 and 5, of 
the town of Swansea, all in the county of Bristol. Steven S. Howitt 
(R), Seekonk. 

Fifth Bristol. — Consisting of the towns of Dighton and Somerset, 
precinct 2, of the town of Swansea, precinct A of ward 1 , precinct B 
of ward 4 and all precincts of ward 6, of the city of Taunton, all in 
the county of Bristol. Patricia A. Haddad (D), Somerset. 



256 Representative Districts. 



Sixth Bristol. — Consisting of the town of Berkley, precinct C of 
ward 4, precincts A, C and D of ward 7, precincts B, C and D 
of ward 8, and precincts A, B and C of ward 9, of the city of Fall 
River, and precinct 1, of the town of Freetown, all in the county of 
Bristol. David B. Sullivan (D), Fall River. 

Seventh Bristol. — Consisting of precincts B, C and D of ward 1, 
precincts A, B and C of ward 2, precincts A, B and C of ward 3, 
precincts A and B of ward 4, and precinct A of ward 5, of the city of 
Fall River, in the county of Bristol. Kevin Aguiar (D), Fall River. 

Eighth Bristol. — Consisting of precinct A of ward 1, precincts B and 
C of ward 5, precincts A, B and C of ward 6, precinct B of ward 7, 
and precinct A of ward 8, of the city of Fall River, and the town of 
Westport, both in the county of Bristol. Paul A. Schmid, III (D), 
Westport. 

Ninth Bristol. — Consisting of the town of Dartmouth, precinct 2, of 
the town of Freetown, and precincts F and G of ward 3, of the city of 
New Bedford, in the county of Bristol; and precinct 1 in the town of 
Lakeville, in the county of Plymouth. Christopher M. Markey (D), 
Dartmouth. 

Tenth Bristol. — Consisting of the town of Fairhaven, in the county of 
Bristol; and the towns of Marion, Mattapoisett and Rochester, and 
precincts 3 and 6, of the town of Middleborough, all in the county of 
Plymouth. William M. Straus (D), Mattapoisset. 

Eleventh Bristol. — Consisting of the town of Acushnet, precincts A, 
B, C, D and E of ward 1 and all precincts of ward 2, of the city of 
New Bedford, both in the county of Bristol. Robert M. Koczera (D), 
New Bedford. 

Twelfth Bristol. — Consisting of precinct 3, of the town of Freetown, 
precincts F and G of ward 1, precincts A, B, C, D and E of ward 3, 
and precincts D and E of ward 4, of the city of New Bedford, and 
precinct A of ward 4, of the city of Taunton, all in the county of 
Bristol; and precincts 2 and 3, of the town of Lakeville, and 
precincts 2 and 4, of the town of Middleborough, both in the county 
of Plymouth. Stephen R. Canessa (D), Lakeville. 

Thirteenth Bristol. — Consisting of precincts A, B, C, F and G of 
ward 4, all precincts of wards 5 and 6, of the city of New Bedford, in 
the county of Bristol. Antonio F. D. Cabral (D), New Bedford. 

Fourteenth Bristol. — Consisting of precinct B of ward 3, of the city 
of Attleboro, precincts 2 and 5, of the town of Mansfield, the town of 
North Attleborough, and precinct 2, of the town of Norton, all in the 
county of Bristol. Elizabeth A. Poirier (R), North Attleborough. 



Representative Districts. 257 



ESSEX 

Eighteen Representatives. 

First Essex. — Consisting of the towns of Amesbury and Salisbury, and 
the city of Newburyport, all in the county of Essex. Michael A. 
Costello (D), Newburyport. 

Second Essex. — Consisting of precinct 1, of the town of Georgetown, 
the town of Groveland, precinct 3 of ward 4, and precincts 1 and 3 of 
ward 7, of the city of Haverhill, and the towns of Merrimac, 
Newbury, Rowley and West Newbury, all in the county of Essex. 
Harriett L. Stanley (D), West Newbury. 

Third Essex. — Consisting of all precincts of ward 1, precinct 3 of 
ward 2, all precincts of ward 3, precincts 1 and 2 of ward 4, precincts 
1 and 3 of ward 5, and all precincts of ward 6, of the city of 
Haverhill, in the county of Essex. Brian S. Dempsey (D), Haverhill. 

Fourth Essex. — Consisting of precincts 1 and 3, of the town of 
Boxford, and the towns of Hamilton, Wenham, Ipswich, Manchester- 
by-the-Sea, and precinct 2, of the town of Middleton, all in the 
county of Essex. Bradford Hill (R), Ipswich. 

Fifth Essex. — Consisting of the towns of Essex and Rockport, and the 
city of Gloucester, all in the county of Essex. Ann-Margaret 
Ferrante (D), Gloucester. 

Sixth Essex. — Consisting of the city of Beverly, in the county of 
Essex. Jerald A. Parisella (D), Beverly. 

Seventh Essex. — Consisting of the city of Salem, in the county of 
Essex. John D. Keenan (D), Salem. 

Eighth Essex. — Consisting of precinct 4 of ward 3, and precinct 4 of 
ward 4, of the city of Lynn, and the towns of Marblehead and 
Swampscott, all in the county of Essex. Lori A. Ehrlich (D), 
Marblehead. 

Ninth Essex. — Consisting of precincts 1 and 2 of ward 1, of the city of 
Lynn, precinct 2, of the town of Lynnfield, and precincts 1, 2, 4, 5, 
6, 7, 8 and 9, of the town of Saugus, all in the county of Essex; and 
precincts 1, 2 and 7, of the town of Wakefield, in the county of 
Middlesex. Donald H. Wong (R), Saugus. 

Tenth Essex. — Consisting of precincts 3 and 4 of ward 1, all precincts 
of ward 2, precincts 1, 2 and 3 of ward 3, precincts 1, 2 and 3 of 
ward 4, and precinct 3 of ward 5, of the city of Lynn, all in the 
county of Essex. Robert F. Fennell (D), Lynn. 

Eleventh Essex. — Consisting of precincts 1, 2 and 4 of ward 5, all 
precincts of wards 6 and 7, of the city of Lynn, and the town of 
Nahant, in the county of Essex. Steven M. Walsh (D), Lynn. 



258 Representative Districts. 



Twelfth Essex. — Consisting of all precincts of wards 1, 2, 3, 4 and 5, 
of the city of Peabody, in the county of Essex. Joyce A. Spiliotis (D), 
Peabody. 

Thirteenth Essex. — Consisting of the towns of Danvers and Topsfield, 
all precincts of ward 6, of the city of Peabody, all in the county of 
Essex. Theodore C. Speliotis (D), Danvers. 

Fourteenth Essex. — Consisting of precincts 1 and 3 of ward A, 
precincts 2 and 3 of ward E, and precincts 1, 2 and 4 of ward F, of 
the city of Lawrence, and precincts 1, 2, 3, 4, 5 and 6 of the town of 
North Andover, both in the county of Essex. David M. Torrisi (D), 
North Andover. 

Fifteenth Essex. — Consisting of precincts 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 
and 1 2 of the town of Methuen, in the county of Essex. Linda Dean 
Campbell (D), Methuen. 

Sixteenth Essex. — Consisting of precincts 2 and 4 of ward A, all 
precincts of wards B and C, and precincts 3 and 4 of ward D, and 
precinct 3 of ward F, of the city of Lawrence, in the county of Essex. 
William Lantigua (D), Lawrence. 

Seventeenth Essex. — Consisting of precincts 2, 3, 4, 5, 6 and 9, of the 
town of Andover, precincts 1 and 2 of ward D, and precincts 1 and 4 
of ward E, of the city of Lawrence, both in the county of Essex; and 
precincts 3 and 3A, of the town of Tewksbury, in the county of 
Middlesex. Paul Adams (R), Andover. 

Eighteenth Essex. — Consisting of precincts 1, 7 and 8, of the town of 
Andover, precinct 2, of the town of Boxford, precinct 2, of the town 
of Georgetown, precincts 1 and 2 of ward 2, precinct 2 of ward 5, 
and precinct 2 of ward 7, of the city of Haverhill, precinct 7, of the 
town of Methuen, and precincts 7 and 8, of the town of North 
Andover, all in the county of Essex. James J. Lyons, Jr. (R), 
Andover. 

FRANKLIN 

Two Representatives. 

First Franklin. — Consisting of the towns of Conway, Deerfield, 
Leverett, Montague, New Salem, Shutesbury, Sunderland, Wendell 
and Whately, all in the county of Franklin; and precincts A and D, of 
the town of Belchertown, and the towns of Chesterfield, Goshen, 
Huntington, Pelham, Williamsburg and Worthington, all in the 
county of Hampshire. Stephen Kulik (D), Worthington. 

Second Franklin. — Consisting of the towns of Erving, Gill, 
Greenfield, Orange and Warwick, all in the county of Franklin; and 
the town of Athol, in the county of Worcester. Denise Andrews (D), 
Orange. 



Representative Districts. 259 



HAMPDEN 

Twelve Representatives. 

First Hampden. — Consisting of the towns of Brimfield, Holland, 
Palmer and Wales, all in the county of Hampden; precincts B and C, 
in the town of Ware, in the county of Hampshire; and the towns of 
Sturbridge and Warren, both in the county of Worcester. Todd M. 
Smola (R), Palmer. 

Second Hampden. — Consisting of precincts 3 and 4, of the town of 
East Longmeadow, the towns of Hampden, Longmeadow and 
Monson, and precincts B and C of ward 6, of the city of Springfield, 
all in the county of Hampden. Brian Michael Ashe (D), 
Longmeadow. 

Third Hampden. — Consisting of the towns of Agawam, Granville, 
Russell and Southwick, all in the county of Hampden. Nicholas A. 
Boldyga (R), Southwick. 

Fourth Hampden. — Consisting of the city of Westfield, in the county 
of Hampden. Donald F. Humason, Jr. (R), Westfield. 

Fifth Hampden. — Consisting of the city of Holyoke, in the county of 
Hampden. Michael F. Kane (D), Holyoke. 

Sixth Hampden. — Consisting of precinct B of ward 2, precincts A, B 
and C of ward 4 and precinct B of ward 5, of the city of Chicopee, 
precinct E of ward 2 of the city of Springfield, and the town of West 
Springfield, all in the county of Hampden. Michael J. Finn (D), West 
Springfield. 

Seventh Hampden. — Consisting of precinct B of ward 6, of the city of 
Chicopee, the town of Ludlow, precincts E, F and G of ward 8, of 
the city of Springfield, all in the county of Hampden; and precincts 
B and C, of the town of Belchertown, in the county of Hampshire. 
Thomas M. Petrolati (D), Ludlow. 

Eighth Hampden. — Consisting of precincts A and B of ward 1, pre- 
cincts A, C and D of ward 2, precincts A, B and C of ward 3, 
precinct A of ward 6, precincts A and B of ward 7, precincts A and B 
of ward 8, and precincts A and B of ward 9, of the city of Chicopee, 
in the county of Hampden. Joseph F. Wagner (D), Chicopee. 

Ninth Hampden. — Consisting of precincts A, B, C, D, F, G and H of 
ward 2, precincts C, D, G and H of ward 5, precinct H of ward 7, and 
precincts A, B, D and H of ward 8, of the city of Springfield, and 
precinct A of ward 5 of the city of Chicopee, both in the county of 
Hampden. Sean Curran (D), Springfield. 

Tenth Hampden. — Consisting of all precincts of ward 1, precincts B, 
C, F, G and H of ward 3, and precincts A, E and G of ward 6, of the 



260 Representative Districts. 



city of Springfield, in the county of Hampden. Cheryl A. Coakley- 
Rivera (D), Springfield. 

Eleventh Hampden. — Consisting of precincts A, D and E of ward 3, 
all precincts of ward 4, precincts A, B, E and F of ward 5, precinct A 
of ward 7, and precinct C of ward 8, of the city of Springfield, in the 
county of Hampden. Benjamin Swan (D), Springfield. 

Twelfth Hampden. — Consisting of precincts 1 and 2, of the town of 
East Longmeadow, precincts D, F and H of ward 6, precincts B, C, 
D, E, F and G-of ward 7, of the city of Springfield, and the town of 
Wilbraham, all in the county of Hampden. Angela J. Puppolo, Jr. 
(D), Springfield. 

HAMPSHIRE 

Three Representatives. 

First Hampshire. — Consisting of the town of Montgomery, in the 
county of Hampden; and the towns of Hatfield, Southampton and 
Westhampton, and the city of Northampton, all in the county of 
Hampshire. Peter V. Kocot (D), Northampton. 

Second Hampshire. — Consisting of the towns of Easthampton, Hadley 
and South Hadley, all in the county of Hampshire. John W. Scibak 
(D), South Hadley. 

Third Hampshire. — Consisting of the towns of Amherst and Granby, 
both in the county of Hampshire. Ellen Story (D), Amherst. 

MIDDLESEX 

Thirty-Seven Representatives. 

First Middlesex. — Consisting of the towns of Ayer, Dunstable, 
Groton, Pepperell and Townsend, all in the county of Middlesex. 
Sheila C. Harrington (R), Groton. 

Second Middlesex. — Consisting of precincts 3, 5 and 7, of the town of 
Chelmsford and the towns of Littleton and Westford, both in the 
county of Middlesex. James Arciero (D), Westford. 

Third Middlesex. — Consisting of the towns of Hudson, Maynard and 
Stow, all in the county of Middlesex; and the town of Bolton, in the 
county of Worcester. Kate Hogan (D), Stow. 

Fourth Middlesex. — Consisting of the city of Marlborough, in the 
county of Middlesex; and precinct 1, of the town of Southborough, 
and the town of Berlin, both in the county of Worcester. Steven L. 
Levy (R), Marlborough. 

Fifth Middlesex. — Consisting of precincts 1, 2, 3, 4, 5, 6, 7, 8 and 9, 
of the town of Natick, and the town of Sherbom, both in the county 
of Middlesex; and precincts 2 and 3, of the town of Millis, in the 
county of Norfolk. David Paul Linsky (D), Natick. 



Representative Districts. 261 



Sixth Middlesex. — Consisting of precincts 1, 2, 3, 4, 5, 6, 7, 9, 13, 14 
and 1 7, of the town of Framingham, in the county of Middlesex. J. 
Christopher Walsh (D), Framingham. 

Seventh Middlesex. — Consisting of the town of Ashland, and 
precincts 8, 10, 11, 12, 15, 16 and 18, of the town of Framingham, 
both in the county of Middlesex. Tom Sannicandro (D), Ashland. 

Eighth Middlesex. — Consisting of the towns of Holliston and 
Hopkinton, both in the county of Middlesex; precinct 1 of the town 
of Medway, in the county of Norfolk; and precincts 2 and 3, of the 
town of Southborough, and precinct 2, of the town of both in the 
county of Worcester. Carolyn C. Dyketna (D), Holliston. 

Ninth Middlesex. — Consisting of precincts 2, 3 and 4, of the town of 
Lexington, and all precincts of wards 1, 2, 3 and 4, and precinct 1 of 
ward 7, of the city of Waltham, both in the county of Middlesex. 
Thomas M. Stanley (D), Waltham. 

Tenth Middlesex. — Consisting of precincts 1 and 4 of ward 1, and 
precinct 4 of ward 3, of the city of Newton, all precincts of wards 5 
and 6, precinct 2 of ward 7, and all precincts of wards 8 and 9, of the 
city of Waltham, and precinct 10, of the town of Watertown, all in 
the county of Middlesex, Peter J. Koutoujian (D), Waltham^; John 
J. Lawn, Jr. (D), Watertown^. 

Eleventh Middlesex. — Consisting of precincts 2 and 3 of ward 1, 
precincts 1, 2 and 3 of ward 2, precincts 1, 2 and 3 of ward 3, all 
precincts of ward 4, precinct 4 of ward 5, and precinct 2 of ward 7, 
of the city of Newton, in the county of Middlesex. Kay Khan (D), 
Newton. 

Twelfth Middlesex. — Consisting of precincts 1, 2 and 3 of ward 5, all 
precincts of ward 6, precincts 1, 3 and 4 of ward 7, and all precincts 
of ward 8, of the city of Newton, in the county of Middlesex. Ruth B. 
Balser (D), Newton. 

Thirteenth Middlesex. — Consisting of the towns of Lincoln, Sudbury 
and Wayland, all in the county of Middlesex. Thomas P. Conroy (D), 
Wayland. 

Fourteenth Middlesex. — Consisting of precincts 1, 2 and 6, of the 
town of Acton, the towns of Carlisle and Concord, and precincts 1 
and 9, of the town of Chelmsford, all in the county of Middlesex. 
Cory Atkins (D), Concord. 

Fifteenth Middlesex. — Consisting of precincts 14, 17, 20 and 21, of 
the town of Arlington, precincts 1, 5, 6, 7, 8 and 9, of the town of 
Lexington, and all precincts of wards 1 and 7, of the city of Wobum, 
all in the county of Middlesex. Jay R. Kaufman (D), Lexington. 



1 . Resigned January 21,2011. 

2. Elected May 1 0, 20 1 1 ; Qualified May 25, 20 1 1 . 



262 Representative Districts. 



Sixteenth Middlesex. — Consisting of precincts 2, 6 and 8, of the town 
of Chelmsford, precincts 1, 2 and 3 of ward 5, and all precincts of 
wards 6 and 9, of the city of Lowell, both in the county of Middlesex. 
Thomas A. Golden, Jr. (D), Lowell. 

Seventeenth Middlesex. — Consisting of precinct 4, of the town of 
Chelmsford, and all precincts of ward 1, precinct 3 of ward 2, 
precincts 2 and 3 of ward 4, and all precincts of wards 10 and 11, of 
the city of Lowell, both in the county of Middlesex. David M. 
Mangle (D), Lowell. 

Eighteenth Middlesex. — Consisting of precincts 1 and 2 of ward 2, all 
precincts of ward 3, precinct 1 of ward 4, all precincts of wards 7 
and 8, of the city of Lowell, in the county of Middlesex. Kevin J. 
Murphy (D), Lowell. 

Nineteenth Middlesex. — Consisting of precincts 1, lA, 2, 2 A, 4 and 
4A, of the town of Tewksbury, and precincts 1, 2, 4, 5 and 6, of the 
town of Wilmington, both in the county of Middlesex. James R. 
Miceli (D), Wilmington. 

Twentieth Middlesex. — Consisting of precincts 1, 3 and 4, of the 
town of Lynnfield, and precinct 1, of the town of Middleton, both in 
the county of Essex; and the town of North Reading, and precincts 1, 
4, 6, 7 and 8, of the town of Reading, both in the county of 
Middlesex. Bradley H. Jones, Jr. (R), North Reading. 

Twenty-first Middlesex. — Consisting of the towns of Bedford and 
Burlington, and precinct 3, of the town of Wilmington, all in the 
county of Middlesex. Charles A. Murphy (D), Burlington. 

Twenty-second Middlesex. — Consisting of the town of Billerica, in 
the county of Middlesex. Mark T. Lombardo (R), Billerica. 

Twenty-third Middlesex. — Consisting of precincts 1, 3, 5, 6, 7, 8, 9, 
10, 1 1, 12, 13, 15, 16, 18 and 19, of the town of Arlington, precinct 2 
of ward 3, and precincts 1 and 2 of ward 6, of the city of Medford, 
both in the county of Middlesex. Sean Garballey (D), Arlington. 

Twenty-fourth Middlesex. — Consisting of precincts 2 and 4, of the 
town of Arlington, the town of Belmont, precinct 3 of ward 10, and 
precincts 1, 2 and 3 of ward 1 1, of the city of Cambridge, all in the 
county of Middlesex. William N. Brownsberger (D), Belmont. 

Twenty-fifth Middlesex. — Consisting of all precincts of ward 4, 
precincts 2 and 3 of ward 6, all precincts of wards 7 and 8, and 
precincts 1 and 2 of ward 10, of the city of Cambridge, in the county 
of Middlesex. Alice K. JVolf(D), Cambridge. 

Twenty-sixth Middlesex. — Consisting of all precincts of ward 1, 
precinct 1 of ward 2, precincts 1 and 2 of ward 3, and precinct 1 of 
ward 6, of the city of Cambridge, and all precincts of ward 1 and 
precincts 1 and 2 of ward 2, of the city of Somerville, both in the 
county of Middlesex. Timothy J. Toomey, Jr. (D), Cambridge. 



Representative Districts. 263 



Twenty-seventh Middlesex. — Consisting of precinct 3 of ward 2, 
all precincts of ward 3, precinct 3 of ward 4, and all precincts of 
wards 5 and 6, of the city of Somerville, in the county of Middlesex. 
Denise Provost (D), Somerville. 

Twenty-eighth Middlesex. — Consisting of the city of Everett, and 
precinct 2 of ward 7, of the city of Maiden, both in the county of 
Middlesex. Stephen Stat Smith (D), Everett. 

Twenty-ninth Middlesex. — Consisting of all precincts of ward 9, of 
the city of Cambridge, and precincts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11 and 
12, of the town of Watertown, both in the county of Middlesex. 
Jonathan Hecht (D), Watertown. 

Thirtieth Middlesex. — Consisting of precincts 2, 3 and 5, of the town 
of Reading, precinct 3, of the town of Stoneham, and all precincts of 
wards 2, 3, 4, 5 and 6, of the city of Wobum, all in the county of 
Middlesex. James J. Dwyer (D), Wobum. 

Thirty-first Middlesex. — Consisting of precincts 1, 2, 4, 5, 6 and 7, 
of the town of Stoneham, and the town of Winchester, both in the 
county of Middlesex. Jason M. Lewis (D), Winchester. 

Thirty-second Middlesex. — Consisting of the city of Melrose, and 
precincts 3, 4, 5 and 6, of the town of Wakfield, both in the county 
of Middlesex. Paul Brodeur (D), Melrose. 

Thirty-third Middlesex. — Consisting of all precincts of ward 2, pre- 
cinct 1 of ward 3, all precincts of wards 4, 5, 6 and 8, of the city of 
Maiden, in the county of Middlesex. Christopher G. Fallon (D), 
Maiden. 

Thirty-fourth Middlesex. — Consisting of all precincts in wards 4 
and 5, precinct 1 of ward 7, and precinct 2 of ward 8, of the city of 
Medford, precincts 1 and 2 of ward 4, and all precincts of ward 7, of 
the city of Somerville, both in the county of Middlesex. Carl M. 
Sciortino, Jr. (D), Medford. 

Thirty-fifth Middlesex. — Consisting of all precincts of ward 1, 
precinct 2 of ward 3, precinct I of ward 7, of the city of Maiden, and 
all precincts of wards 1 and 2, precinct 1 of ward 3, precinct 2 of 
ward 7, and precinct 1 of ward 8, of the city of Medford, both in the 
county of Middlesex. Paul J. Donato (D), Medford. 

Thirty-sixth Middlesex. — Consisting of the towns of Dracut and 
Tyngsborough, both in the county of Middlesex. Colleen M. Garry 
(D), Dracut. 

Thirty-seventh Middlesex. — Consisting of precincts 3, 4 and 5, of the 
town of Acton, the towns of Boxborough and Shirley, all in 
the county of Middlesex; and the town of Harvard, precinct 1 of the 
town of Lancaster and the town of Lunenburg, all in the county of 
V^orcester. Jennifer E. Benson (D), Lunenburg. 



264 Representative Districts. 



NORFOLK 

Fifteen Representatives. 

First Norfolk. — Consisting of precincts 3 and 4 of ward 3, precincts 1 
and 3 of ward 4, precincts 2 and 5 of ward 5, and all precincts of 
ward 6, of the city of Quincy, and precincts 5 and 6 of the town 
of Randolph, both in the county of Norfolk. Bruce J. Ayers (D), 
Quincy. 

Second Norfolk. — Consisting of all precincts in ward 1, precincts 1, 2 
and 5 of ward 3, precincts 2 and 4 of ward 4 and precincts 1, 3 and 4 
of ward 5, of the city of Quincy, in the county of Norfolk. Tackey 
Chan (D), Quincy. 

Third Norfolk. — Consisting of precincts 2, 3 and 4, of the town of 
Holbrook, all precincts of ward 2, and precinct 5 of ward 4, 
of the city of Quincy, precincts 5, 6, 9, 12 and 16, of the town of 
Weymouth, all in the county of Norfolk. Ronald Mariano (D), 
Quincy. 

Fourth Norfolk. — Consisting of precincts 1, 2, 3, 4, 7, 8, 10, 11, 13, 
14, 15, 17 and 18, of the town of Weymouth, in the county of 
Norfolk. James M. Murphy (D), Weymouth. 

Fifth Norfolk. — Consisting of the town of Braintree, precinct 1, of 
the town of Holbrook, precinct 3, of the town of Randolph, all in the 
county of Norfolk. Mark James Cusack (D), Braintree. 

Sixth Norfolk. — Consisting of the towns of Avon and Canton, and 
precincts 1, 5, 7 and 8, of the town of Stoughton, all in the county of 
Norfolk. William C. Galvin (D), Canton. 

Seventh Norfolk. — Consisting of precincts 2, 4, 5, 6, 7, 8, 9 and 10, 
of the town of Milton, and precincts 1, 2, 4, 7 and 8, of the town of 
Randolph, both in the county of Norfolk. Walter F. Timilty (D), 
Milton. 

Eighth Norfolk. — Consisting of precinct 4, of the town of Mansfield, 
in the county of Bristol; and the town of Sharon, precincts 2, 3, 4 and 
6, of the town of Stoughton, and precincts 3 and 4, of the town of 
Walpole, all in the county of Norfolk. Louis L. Kajka (D), Stoughton. 

Ninth Norfolk. — Consisting of precincts 3 and 4, of the town of 
Medfield, precinct 1, of the town of Millis, the towns of Norfolk and 
Plainville, precinct 5, of the town of Walpole, and the town of Wren- 
tham, all in the county of Norfolk. Daniel B. Winslow (R), Wrentham. 

Tenth Norfolk. — Consisting of the town of Franklin, and precincts 2, 
3 and 4, of the town of Medway, both in the county of Norfolk. 
James E. Vallee (D), Franklin. 

Eleventh Norfolk. — Consisting of the town of Dedham, precinct 8, of 
the town of Walpole, and the town of Westwood, all in the county 
of Norfolk. Paul McMurtry- (D), Dedham. 



Representative Districts. 265 



Twelfth Norfolk. — Consisting of the town of Norwood, precincts 1 , 

2, 6 and 7, of the town of Walpole, both in the county of Norfolk. 

John H. Rogers (D), Norwood. 
Thirteenth Norfolk. — Consisting of the town of Dover, precincts 1 

and 2, of the town of Medfield, and the town of Needham, ail in the 

county of Norfolk. Demise C. Garlick (D), Needham. 
Fourteenth Norfolk. — Consisting of precinct 10, of the town of 

Natick, and the town of Weston, both in the county of Middlesex; 

and the town of Wellesley, in the county of Norfolk. Alice Hanlon 

Peisch (D), Wellesley. 
Fifteenth Norfolk. — Consisting of precincts 2, 3, 4, 6, 7, 8, 9, 10, 

11, 12 and 13 of the town of Brookline, in the county of Norfolk. 

Frank I. Smizik (D), Brookline. 

PLYMOUTH 

Twelve Representatives. 

First Plymouth. — Consisting of precincts 2, 3, 4, 5, 6, 7, 8, 9, 10, 12 
and 14, of the town of Plymouth, in the county of Plymouth. Viriato 
Manuel deMacedo (R), Plymouth. 

Second Plymouth. — Consisting of precincts 1, 2 and 3, of the town of 
Bourne, in the county of Barnstable; and the towns of Carver and 
Wareham, both in the county of Plymouth. Susan Williams Gifford 
(R), Wareham. 

Third Plymouth. — Consisting of the town of Cohasset, in the county 

of Norfolk; and the towns of Hingham and Hull, and precinct 3, of 

the town of Scituate, all in the county of Plymouth. Garrett J. 

Bradley (D), Hingham. 
Fourth Plymouth. — Consisting of the town of Marshfield, and 

precincts 1, 2, 4, 5 and 6, of the town of Scituate, both in the county 

of Plymouth. James M. Cantwell (D), Marshfield. 
Fifth Plymouth. — Consisting of the towns of Hanover, Norwell and 

Rockland, all in the county of Plymouth. Rhonda L. Nyman (D), 

Hanover. 

Sixth Plymouth. — Consisting of precincts 2, 3, 4 and 5, of the town of 
Duxbury, precinct 2 of the town of Halifax, and the towns of Hanson 
and Pembroke, all in the county of Plymouth. Daniel K. Webster (R), 
Pembroke. 

Seventh Plymouth. — Consisting of the towns of Abington, East 
Bridgewater and Whitman, all in the county of Plymouth. Geoff Diehl 
(R), Whitman. 

Eighth Plymouth. — Consisting of precinct 6, of the town of Easton, 
and the town of Raynham, both in the county of Bristol; and the 



266 



Representative Districts. 



town of Bridgewater, in the county of Plymouth. Angela L. D'Emilia 
(R), Bridgewater. 

Ninth Plymouth. — Consisting of precincts B and D of ward 1, 
precincts B, C and D of ward 2, all precincts of ward 3, precincts A 
and D of ward 4 and precinct A of ward 5, of the city of Brockton, in 
the county of Plymouth. Michael D. Brady (D), Brockton. 

Tenth Plymouth. — Consisting of precinct 3, of the town of Easton, in 
the county of Bristol; and precincts B and C of ward 4, precincts B, 
C and D of ward 5 and all precincts of ward 6, of the city of 
Brockton, and the town of West Bridgewater, both in the county 
of Plymouth. Christine E. Canavan (D), Brockton. 

Eleventh Plymouth. — Consisting of precincts 1, 2, 4 and 5, of the 
town of Easton, in the county of Bristol; and precincts A and C of 
ward 1, precinct A of ward 2, and all precincts of ward 7, of the city 
of Brockton, in the county of Plymouth. Geraldine Creedon (D), 
Brockton. 

Twelfth Plymouth. — Consisting of precincts 1 and 6, of the town of 
Duxbury, precinct 1, of the town of Halifax, the town of Kingston, 
precincts 1 and 5, of the town of Middleborough, precincts 1,11 and 
13, of the town of Plymouth, and the town of Plympton, all in the 
county of Plymouth. Thomas J. Calter (D), Kingston. 

SUFFOLK 

Nineteen Representatives. 

First Suffolk. — Consisting of precincts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 
12, 13 and 14 of ward 1, of the city of Boston, in the county of 
Suffolk. Carlo Basile (D), Boston. 

Second Suffolk. — Consisting of all precincts of ward 2, of the city 
of Boston, and all precincts of wards 1 and 2, precincts 1 and 3 of 
ward 3, and precincts 1 and 4 of ward 4, of the city of Chelsea, both 
in the county of Suffolk. Eugene L. O 'Flaherty (D), Chelsea. 

Third Suffolk. — Consisting of precincts 1, 2, 3, 4, 6, 7 and 8 of 
ward 3, precinct 1 of ward 4, precinct 1 of ward 5, and precincts 1, 2 
and 3 of ward 8, of the city of Boston, in the county of Suffolk. 
Aaron Michlewitz (D), Boston. 

Fourth Suffolk. — Consisting of precinct 15 of ward 1, all precincts of 
ward 6, precincts 1, 2, 3, 4, 5, 6, 7, 8 and 9 of ward 7, precinct 6 of 
ward 8, and precinct 3 of ward 13, of the city of Boston, in the 
county of Suffolk. Nick Collins (D), Boston. 

Fifth Suffolk. — Consisting of precinct 10 of ward 7, precincts 5 and 7 
of ward 8, precinct 6 of ward 12, precincts 1, 2, 4, 5 and 6 of 
ward 13, precincts 1, 2, 3, 4, 5, 7, 8 and 9 of ward 15, precinct 1 of 
ward 16, and precinct 2 of ward 17, of the city of Boston, in the 
county of Suffolk, Carlos Tony Henriquez (D), Boston, 



Representative Districts. 267 



Sixth Suffolk. — Consisting of precincts 5, 8, 9, 10, 11, 12, 13 and 14 
of ward 14, precincts 7, 8, 10 and 1 1 of ward 17, precincts 7, 8 and 
15 of ward 18, and precincts 11,12 and 13 of ward 19, of the city of 
Boston, in the county of Suffolk. Russell E. Holmes (D), Boston. 

Seventh Suffolk. — Consisting of precincts 8, 9 and 10 of ward 4, 
precinct 4 of ward 8, precincts 4 and 5 of ward 9, precinct 4 of ward 
10, precinct 1 of ward 11, precincts 1, 2, 3, 4, 5; 8 and 9 of ward 12, 
and precinct 1 of ward 21, of the city of Boston, in the county of 
Suffolk. Gloria L. Fox (D), Boston. 

Eighth Suffolk. — Consisting of precinct 3 of ward 2, precinct 3 of 
ward 3, and all precincts of ward 5, of the city of Cambridge, in the 
county of Middlesex; and precinct 5 of ward 3, and precincts 3, 4, 5, 
6, 7, 8, 9 and 11 of ward 5, of the city of Boston, in the county of 
Suffolk. Martha M. Walz (D), Boston. 

Ninth Suffolk. — Consisting of precinct 2 of ward 2, of the city of 
Cambridge, in the county of Middlesex; and precincts 2, 3, 4, 5, 6 
and 7 of ward 4, precincts 2 and 10 of ward 5, and precincts 1, 2 and 
3 of ward 9, of the city of Boston, in the county of Suffolk. Byron 
Rushing (D), Boston, 

Tenth Suffolk. — Consisting of precincts 14, 15 and 16, of the town of 
Brookline, in the county of Norfolk; and precincts 3, 5, 6, 7, 10, 11, 

12, 13, 14, 15, 16, 17, 18, 19 and 20 of ward 20, of the city of 
Boston, in the county of Suffolk. Edward F. Coppinger (D), Boston. 

Eleventh Suffolk. — Consisting of precincts 2, 3, 4, 5, 7, 8, 9 and 10 
of ward 11, precinct 7 of ward 12, precincts 1, 2, 3, 4, 6 and 7 of 
ward 14, and precincts 6 and 7 of ward 19, of the city of Boston, in 
the county of Suffolk. Elizabeth A. Malia (D), Boston. 

Twelfth Suffolk. — Consisting of precincts 1 and 3 of the town of 
Milton, in the county of Norfolk; and precincts 8, 1 1 and 12 of ward 
16, precincts 4, 12, 13 and 14 of ward 17, and precincts 1, 2, 4, 5, 6 
and 21 of ward 18, of the city of Boston, in the county of Suffolk. 
Linda Dorcena Forry (D), Boston. 

Thirteenth Suffolk. — Consisting of precincts 7, 8, 9 and 10 of ward 

13, precinct 6 of ward 15, precincts 2, 3, 4, 5, 6, 7, 9 and 10 of ward 
16, and precincts 1, 3, 5, 6 and 9 of ward 17, of the city of Boston, in 
the county of Suffolk. Martin J. Walsh (D), Boston. 

Fourteenth Suffolk. — Consisting of precinct 11, of the town of 
Milton, in the county of Norfolk; and of precincts 9, 10, 11, 12, 13, 

14, 16, 17, 18, 19, 20 and 23 of ward 18, precinct 10 of ward 19, and 
precincts 8 and 9 of ward 20, of the city of Boston, in the county of 
Suffolk. Angelo M. Scaccia (D), Boston. 

Fifteenth Suffolk. — Consisting of precinct 5, of the town of Brook- 
line, in the county of Norfolk; and precincts 1, 2, 3, 5, 6, 7, 8 and 9 
of ward 10, precinct 6 of ward 11, precincts 1, 2, 3, 4, 5, 8 and 9 of 



268 Representative Districts. 



ward 19, and precincts 1, 2 and 4 of ward 20, of the city of Boston, 
in the county of Suffolk. Jeffrey Sanchez (D), Boston. 

Sixteenth Suffolk. — Consisting of precincts 3 and 10, of the town of 
Saugus, in the county of Essex; and precincts 2 and 4 of ward 3, 
precincts 2 and 3 of ward 4, of the city of Chelsea, and precinct 3 of 
ward 1, precinct 1 of ward 3, precincts 1, 2 and 3 of ward 4, 
precincts 1 and 2 of ward 5, and precincts 1, 2 and 3 of ward 6, of 
the city of Revere, both in the county of Suffolk. Kathi-Anne 
Reinstein (D), Revere. 

Seventeenth Suffolk. — Consisting of precincts 3, 5, 6, 7, 8, 9, 10, 1 1 
and 12 of ward 21, and precincts 2, 3, 6, 9 and 10 of ward 22, of 
the city of Boston, in the county of Suffolk. Kevin G. Honan (D), 
Boston. 

Eighteenth Suffolk. — Consisting of precinct 1, of the town of 
Brookline, in the county of Norfolk; and precincts 2, 4, 13, 14, 15 
and 16 of ward 21, and precincts 1, 4, 5, 7, 8, 1 1, 12, and 13 of 
ward 22, of the city of Boston, in the county of Suffolk. Michael J. 
Moran (D), Boston. 

Nineteenth Suffolk. — Consisting of precincts 1 and 2 of ward 1, all 
precincts of ward 2, precincts 2 and 3 of ward 3, and precinct 3 of 
ward 5, of the city of Revere, and the town of Winthrop, both in the 
county of Suffolk. Robert A. DeLeo (D), Winthrop. 

WORCESTER 

Eighteen Representatives. 

First Worcester. — Consisting of the towns of Holden, Hubbardston, 
Oakham, Princeton, Rutland, precinct 1 of the town of Sterling and 
the town of Westminster, all in the county of Worcester. Kimberly N. 
Ferguson (R), Holden. 

Second Worcester. — Consisting of the town of Ashby, in the county 
of Middlesex; and the city of Gardner, and the towns of Ashbum- 
ham, Royalston and Winchendon, all in the county of Worcester, 
Richard Bastien (R), Gardner. 

Third Worcester. — Consisting of the city of Fitchburg, in the county 
of Worcester. Stephen L. DiNatale (D), Fitchburg. 

Fourth Worcester. — Consisting of the town of Leominster, in the 
county of Worcester. Dennis A. Rosa (D), Leominster. 

Fifth Worcester. — Consisting of precinct A, of the town of Ware, in 
the county of Hampshire; and the, towns of Barre, Brookfield, Hard- 



1. Lost special election, May 10, 20n. 

2. Elected May 10, 2011; Qualified May 25, 2011. 



"1 

Representative Districts. 269 



wick, New Braintree, North Brookfield, Petersham, Phillipston and 
West Brookfield, precincts 2 and 3 of the town of Spencer, and the 
town of Templeton, all in the county of Worcester. Anne M. Gobi 
(D), Spencer. 

Sixth Worcester. — Consisting of the towns of Charlton, East 
Brookfield and precinct 2, of the town of Oxford, the town of 
Southbridge, and precincts 1 and 4, of the town of Spencer, all in the 
county of Worcester. Geraldo Alicea (D), Charlton^; Peter J. Durant 
(R), Spencer^. 

Seventh, Worcester. — Consisting of the towns of Auburn and 
Millbury, precinct 3, of the town of Sutton, and precincts 1 and 3, of 
the town of Oxford, all in the county of Worcester. Paul K. Frost 
(R), Auburn. 

Eighth Worcester. — Consisting of the towns of Douglas and Dudley, 
precinct 4, of the town of Oxford, precinct 3, of the town of 
Uxbridge, and the town of Webster, all in the county of Worcester. 
Kevin J. Kuros (R), Uxbridge. 

Ninth Worcester. — Consisting of the towns of Grafton, Northbridge 
and Upton, and precincts 3 and 5, of the town of Westborough, all in 
the county of Worcester. George N. Peterson, Jr. (R), Grafton. 

Tenth Worcester. — Consisting of the towns of Hopedale, Mendon 
and Milford, all in the county of Worcester. John V. Fernandes (D), 
Milford. 

Eleventh Worcester. — Consisting of the town of Shrewsbury, and 
precincts 1 and 4, of the town of Westborough, both in the county 
of Worcester. Matthew A. Beaton (R), Shrewsbury. 

Twelfth Worcester. — Consisting of the towns of Boylston, Clinton, 
Northborough, and precinct 2 of the town of Sterling and precinct 2 
of the town of Lancaster, all in the county of Worcester. Harold P. 
Naughton, Jr. (D), Clinton. 

Thirteenth Worcester. — Consisting of the town of Paxton, precincts 
1, 2, 3 and 4 of ward 1, all precincts of ward 9, and precinct 3 of 
ward 10, of the city of Worcester, both in the county of Worcester. 
John J. Mahoney (D), Worcester. 

Fourteenth Worcester. — Consisting of the town of West Boylston, 
and precinct 5 of ward 1, all precincts of ward 2, and precincts 1, 3 
and 5 of ward 3, of the city of Worcester, both in the county of 
Worcester. James J. O 'Day. (D), Worcester. 

Fifteenth Worcester. — Consisting of precincts 2 and 4 of ward 3, all 
precincts of ward 4, precinct 3 of ward 5, and precincts 1, 2, 4 and 5 
of ward 10, of the city of Worcester, in the county of Worcester. 
Vincent A. Pedone (D), Worcester. 

Sixteenth Worcester. — Consisting of precincts 1, 2, 4 and 5, of 
ward 5, all precincts of ward 6, and precinc5ts 1 and 5 of ward 8, 



270 Representative Districts. 



of the city of Worcester, in the county of Worcester. John P. Fresolo 
(D), Worcester. 

Seventeenth Worcester. — Consisting of the town of Leicester, and 
all precincts in ward 7, and precincts 2, 3 and 4 of ward 8, of the city 
of Worcester, in the county of Worcester. John J. Binienda (D), 
Worcester. 

Eighteenth Worcester. — Consisting of the town of Bellingham, in the 
county of Norfolk; and precincts 1, 2 and 4, of the town of Uxbridge, 
precincts 1 and 2, of the town of Sutton, and the towns of Blackstone 
and Millville, all in the county of Worcester. Ryan C. Fattman (R), 
Sutton. 



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Valuation, 
Population 

AND 

Voters 



VALUATION OF THE COMMONWEALTH. 



AGGREGATE (BY COUNTIES). 







Tax of 


Counties 


Equalized Value 


$1000 


Barnstable 


64,695,052,700 


$ 79.28 


Berkshire 


12,496,513,000 


15.31 


Bristol 


46,888,488,200 


57.46 


Dukes County 


14,111,339,800 


17.29 


Essex 


90,198,010,700 


110.53 


Franklin 


6,055,784,600 


7.42 


Hampden , , 


26,604,561,000 


32.60 


Hampshire 


10,803,221,500 


13.24 


Middlesex 


218,880,924,200 


268.23 


Nantucket 


13,575,803,900 


16.64 


Norfolk 


101,260,097,900 


124.09 


Plymouth 


59,208,983,200 


72.56 


Suffolk 


84,358,479,900 


103.38 


Worcester 


66,886,057,600 


81.97 


Totals 


816,023,318,200 


1000.00 



*Under the provisions of section IOC of Chapter 58 of the General Laws, 
the Commissioner of Revenue is required to submit final equalization 
and apportionment upon the several cities and towns of the amount of 
property and the proportion of every one thousand dollars of state or 
county tax which should be assessed upon each city and town. The pre- 
sent apportionment listed above constitutes a basis for apportionment 
for the year 2005 and serves for a two-year basis. The Commissioner 
submitted this report on January 31, 2005. [For a detailed summary of 
the valuation of the Commonwealth, see House, No. 2006 of 2003^ 
the Biennial Report of the Commissioner of Revenue submitting an 
equalization and apportionment upon the cities and towns of the 
amount of property and the proportion of every one thousand dol- 
lars of state or county tax which should be assessed upon each city 
or town.] 



301 



302 



Population and Voters. 



POPULATION OF 
CITIES IN THE COMMONWEALTH, 

WITH THE DATES OF THEIR INCORPORATION. 



Name 


Incorpo- 
rated 
AS City 


Popu- 
lation, 
2000 
(U.S. Census) 


Popu- 
lation, 
1990 
(U.S. Census) 


Boston 


reb. zi, 1 all 


589,141 


574,283 




reo. Ay, lo4o 


172,648 


169,759 




Apr. 1 1, I (So A 


1 O AO 

1 jz,U5z 


1 56,983 




Apr. 1, 1836 


105,167 


103,439 




Mar. 1 /, 1 o4o 


101,355 


95,802 


Brockton 


Apr. y, 1 OO 1 


94,304 


92,788 


New Bedford 


Mar. y, 1 54 / 


93,768 


QQ QT) 

yy,yzz 




Apr. iz, 1oj4 


91 ,938 


92,703 


Lynn 


Apr. 10,1850 


89,050 


81,245 


Quincy 


May 17, 1888 


88,025 


84,985 


Newton 


Jun. 2,1873 


83,829 


82,585 




A 1 A 1 OTT 

Apr. 14, 15 /z 


77,478 


76,210 


Lawrence 


Mar. 21, 1853 


72,043 


70,207 




Jun. 3, 1884 


59,226 


57,878 


rlavernill 


Mar. lu, looy 


58,969 


51,418 




\/r>^^ 1 1 1 O0 1 

Mar. J 1, lo5 1 


56,340 


53,884 


Taunton 


May 11,1864 


55,976 


49,832 


Medford 


May 31, 1892 


55,765 


57,407 


Chicopee 


Apr. 18,1890 


54,653 


56,632 




May 5, ly lo 


48,129 


47,039 


Revere 


Jun. 19,1914 


47,283 


42,786 


Pittsfield 


Jun. 5,1889 


45,793 


48,622 


Attleboro 


Jun. 17,1914 


42,068 


38,383 


Leominster 


May 13, 1915 


41,303 


38,145 


Salem 


Mar. 23, 1836 


40,407 


38,091 




Apr. y, lyzu 


40,072 


38,372 


Beverly 


Mar. 23, 1 894 


39,862 


38,195 




Apr. 7,1873 


39 838 


43 704 


Fitchburg 


Mar. 8' 1872 


39'l02 


4l'l94 


Everett 


Jun. 11,1892 


38,037 


35,701 


Wobum 


May 18, 1888 


37,258 


35,943 


Marlborough 


May 3,1890 


36,255 


31,813 


Chelsea 


Mar. 13, 1857 


35,080 


28,710 


Gloucester 


Apr. 28, 1873 


30,273 


28,716 


Northampton 


Jun. 23, 1883 


28,978 


29,289 


Melrose 


Mar. 18, 1899 


27,134 


28,150 


Gardner 


Feb. 28,1923 


20,770 


20,125 


Newburyport 


May 24, 1851 


17,189 


16,317 


Easthampton 


Aug. 19,1999 


15,994 


15,537 


North Adams 


Mar. 22,1895 


14,681 


16,797 



Population and Voters. 



303 



POPULATION AND VOTERS 

Counties, Cities and Towns in the Commonwealth, with the Census 
OF Inhabitants in 2000 and 1990, and a List of Voters in 2002, 
THE Figures being for the State Election, Revised and 

CORRECTED BY THE SECRETARY OF THE COMMONWEALTH. 



AND TOWNS 


Population 


Regis- 
tered 

Voters 
2002 


U S. 
Census 
2000 


U S 
Census 
1990 


Barnstable 








Barnstable 


47,821 


40,949 


33,138 


Bourne 


18,721 


16,064 


12,104 


Brewster 


10,094 


8,440 


7,957 


Chatham 


6,625 


6,579 


6,088 


Dennis 


15,973 


13,864 


11,324 


Eastham 


5,453 


4,462 


4,173 


Falmouth 


32,660 


27,960 


25,355 


Harwich 


12,386 


10,275 


9,872 


Mashpee . 


12,946 


7,884 


9,491 


Orleans 


6,341 


5,838 


5,584 


Provincetown 


3,431 


3,561 


3,126 


Sandwich 


20,136 


15,489 


14,468 


Truro 


2,087 


1,573 


1,693 


Wellfleet 


2,749 


2,493 


2,521 


Yarmouth 


24,807 


21,174 


18,304 


Totals 


222,230 


186,605 


165,198 


Berkshire 










8,809 


9,445 


5,920 


Alford 


399 


418 


322 


Becket 


1,755 


1,481 


1,116 


Cheshire 


3,401 


3,479 


2,225 


Clarksburg 


1,686 


1,745 


1,121 


Dalton 


6,892 


7,155 


4,816 


Egremont 


1,345 


1,229 


927 


Florida 


676 


742 


492 




7,527 


7,725 


4,429 


Hancock 


721 


628 


457 


Hinsdale 


1,872 


1,959 


1,378 




2,990 


3,032 


1,947 


Lee 


5,985 


5,849 


4,097 



304 



Population and Voters. 





Population 




COUNTIES, CITIES 


U.S. 


U.S. 


Regis- 


AND TOWNS 


tered 


Census 


Census 


Voters 




2000 


1990 


2002 


Berxshire Concluded 








Lenox 


5,077 


5,069 


3,701 


Monterey 


934 


805 


649 


Mount Washington 


130 


135 


104 


New Ashford 


247 


192 


202 


New Marlborough 


1,494 


1,240 


1,001 


North Adams 


14,681 


16,797 


8,991 


Otis 


1,365 


1,073 


925 


Peru 


821 


779 


523 


PiTTSFIELD 


45,793 


48,622 


28,476 




1,604 


1,677 


1,158 


Sandisfield 


824 


667 


491 




705 


634 


450 


Sheffield 


3,335 


2,910 


2,062 




2,276 


2,408 


1 623 


Tyringham 


350 


369 


266 




544 


615 


393 


West Stockbridge 


1,416 


1,483 


1,090 


Williamstown 


8,424 


8,220 


4,742 


Windsor 


875 


770 


592 


Totals 


134,953 


139,352 


86,686 


dRISTOL 










10,161 


9,554 


6,946 


Attleboro 


42,068 


38,383 


23,992 


Berkley 


5,749 


4,237 


3,863 




30,666 


27.244 


19,363 


Dighton 


6,175 


5,631 


4,015 


Easton 


22,299 


19,807 


14,084 




16,159 


16,132 


10,470 


Fall River 


91,938 


92,703 


50,460 




8,472 


8,522 


5,684 


Mansfield 


22,414 


16,568 


13,156 




93J68 


99^922 


56,720 


North Attleborough 


27,143 


25,038 


17,955 


Norton 


18^036 


14,265 






11,739 


9,867 


8,166 




10,172 


8,656 


7 087 




13,425 


13,046 


8,'727 




18,234 


17,655 


12,238 




15,901 


15,411 


11,864 


Taunton 


55,976 


49,832 


31,979 


Westport 


14,183 


13,852 


11,105 




534,678 


506,325 


327,712 



Population and Voters. 



305 





Population 




COUNTIES, CITIES 


U.S. 


U.S. 


Regis- 


AND TOWNS 


tered 




Census 


Census 


Voters 




2000 


1990 


2002 


Dukes County 








Aquinnah 


344 


201 


352 


Chilmark 


843 


650 


806 


Edgartown 


3,779 


3,062 


2,808 


Gosnold 


86 


98 


134 


Oak Bluffs 


3,713 


2,804 


3,187 


Tisbury 


3,755 


3, 120 


2,687 


West Tisbury . 


2,467 


1 ,704 


1,927 


Totals 


14,987 


1 1,639 


11,901 


Essex 








Amesbury 


16,450 


14,997 


9,716 


Andover 


3 1 ,247 


29,151 


21,207 


Beverly 


39,862 


38,195 


24,047 


Boxford 


7 OO 1 

/,yz 1 


o,zoo 


5,564 


Danvers . 


25,212 


24,174 


16,519 


Essex 


3,267 


3,260 


2,579 


Georgetown 


7,377 


6,384 


4,845 


Gloucester 


30,273 


28,716 


19,705 


Groveland. . 


6,038 


5,214 


4,178 


Hamilton 


8,315 


7,280 


5,556 


Haverhill 


58,969 


51,418 


32,951 


Ipswich 


12,987 


1 1,873 


7,982 


Lawrence 


72,043 


70,207 


32,392 


Lynn 


89,050 


81,245 


46,082 


Lynnfield 


1 1,542 


1 1,274 


8,106 


Manchester-by-the-Sea 


5,228 


5,286 


3,912 


Marblehead 


20,377 


19,971 


13,927 


Merrimac 


6,138 


5,166 


4,100 


Methuen 


43,789 


39,990 


28,678 


Middleton 


7,744 


4,921 


4,464 


Nahant 


3,632 


3,828 


2,496 


Newbury 


6,717 


5,623 


4,853 


Newburyport 


17,189 


16,317 


12,583 


North Andover 


27,202 


22,792 


16,724 


Peabody 


48,129 


47,039 


31,599 


Rockport 


7,767 


7,482 


5,470 


Rowley 


5,500 


4,452 


3,839 


Salem 


40,407 


38,091 


28 828 


Salisbury 


7,827 


6,882 


4'942 


Saugus 


26,078 


25,549 


17,434 


Swampscott 


14,412 


13,650 


9,891 


Topsfield 


6,141 


3,754 


4,106 


Wenham 


4,440 


4,212 


2,608 


West Newbury 


4,149 


3,421 


2,871 




723,419 


670,080 


444,754 



306 



Population and Voters. 





Population 




UUUlN 1 Ico, L-1 1 Ino 


U.S. 


U.S. 


Regis- 


AJNU lUWJNcj 


tered 




Census 


Census 


Voters 




2000 


1990 


2002 


Franklin 








Ashfield 


1,800 


i,715 


1,204 


Bemardston 


2,155 


2,048 


1,484 


Buckland 


1,991 


1,928 


1,247 


Charlemont 


1,358 


1,249 


819 


Colrain 


1,813 


1,757 


1,101 


Conway 


1,809 


1,529 


1,446 


Deerfield 


4,750 


5,018 


3,528 


Erving 


1,467 


1,372 


1,011 


Gill 


1,363 


1,583 


1,037 


Greenfield 


18,168 


18,666 


10,732 


Hawley 


336 


317 


250 


Heath 


805 


716 


518 


Leverett 


1,663 


1,785 


1,330 


Leyden 


772 


662 


573 


Monroe 


93 


115 


64 


Montague 


8,489 


8,316 


5,087 


New Salem 


929 


802 


669 


Northfield 


2,951 


2,838 


1,936 




7,518 


7,312 


4 243 


Rowe 


351 


378 


'274 




2,058 


2,012 


1 383 


Shutesbury 


1,810 


1,561 


l'321 


Sunderland 


3,777 


3,399 


2,207 


Warwick 


750 


740 


496 


Wendell 


986 


899 


626 


Whately 


1,573 


1,375 


1,085 


Totals 


71,535 


70,092 


45,671 


Hampden 








Agawam 


28,144 


27,323 


19,246 


Blandford 


1,214 


1,187 


846 


Brimfield 


3,339 


3,001 


2,221 


Chester 


1,308 


1,280 


834 


Chicopee 


54,653 


56,632 


33,601 


East Longmeadow 


14,100 


13,367 


10,532 


Granville 


1,521 


1,403 


1,019 


Hampden 


5,171 


4,709 


3,265 


Holland 


2,407 


2,185 


1,419 


HOLYOKE 


39,838 


43,704 


23,992 


Longmeadow 


15,633 


15,467 


11,296 


Ludlow 


21,209 


18,820 


12,339 


Monson 


8,359 


7,776 


5,029 


Montgomery 


654 


759 


525 


Palmer 


12,497 


12,054 


7,721 


Russell 


1,657 


1,594 


934 


Southwick 


8,835 


7,667 


5,663 



Population and Voters. 



307 





Population 




COUNTIES CITIES 






Regis- 


AND TOWNS 


U.S. 


U.S. 


tered 






Census 


Voters 




2000 


1990 


2002 


Hampden — Concluded 








Springfield 


152,082 


156,983 


85,180 




426 


289 


277 


Wales 


1,737 


1,566 


1,044 


West Springfield 


27,899 


27,537 


16,509 


Westfield 


40,072 


38,372 


22,765 


Wilbraham 


13,473 


12,635 


9,282 


Totals 


456,228 


456,310 


275,539 


rlAMPSHIRE 








Amherst 


34,874 


35,228 


17,842 


Belchertown 


12,968 


10,579 


8,128 


Chesterfield 


1,201 


1,048 


749 


Cummington 


978 


785 


615 


Easthampton 


15,994 


15,537 


10,527 


Goshen 


921 


830 


669 


Granby 


6,132 


5,565 


4,015 


Hadley 


4,793 


4,231 


3,456 


Hatfield 


3,249 


3,184 


2,448 


Huntington 


2,174 


1,987 


1,389 


Middlefield 


542 


392 


366 


Northampton 


28,978 


29,289 


18,946 


Pelham 


1 403 


1 373 


1,003 


Plainfield . 


'589 


'571 


469 


South Hadley 


17,196 


16,685 


10.478 




5,387 


4,478 


3,916 


Ware 


9,707 


9,808 


6,327 


Westhampton 


1,468 


1,327 


1,118 


Williamsburg 


2,427 


2,515 


1,775 


Worthington 


1,270 


1,156 


902 


Totals 


152,251 


146,568 


95,138 


Middlesex 








Acton 


20,331 


17,872 


12,039 


Arlington 


42,389 


44,630 


27,923 


Ashby 


2,845 


2,717 


1,832 


Ashland 


14,674 


12,066 


9,792 


Ayer 


7,287 


6,871 


4,425 


Bedford 


12,595 


12,996 


8,548 


Belmont 


24,194 


24,720 


16,760 


Billerica 


38,981 


37,609 


21,838 


Boxborough 


4,868 


3,343 


2,982 


Burlington 


22,876 


23,302 


15,501 



308 



Population and Voters. 





Population 




COUNTIES, CITIES 


T T C 


1 T C 


Regis- 


AND TOWNS 


tered 


Census 


Census 


Voters 




2000 


1990 


2002 


Middlesex — Concluded 








Cambridge 


101 355 


95 802 


59,917 


Carlisle 


4 717 


4 333 


3,305 


Chelmsford 


33858 


32 383 


22,095 


Concord 


16 993 


17 076 


1 1,655 


Dracut 


28 562 


25 594 


19,387 


Dunstable 


2 829 


2 236 


1,884 


Everett 


38 037 


35 701 


20,498 


Framingham 


66 910 


64 989 


37,564 


Groton 


9 547 


7 511 


6,362 


Holliston 


13 801 


12 926 


9,672 


Hopkinton 


13 346 


9 191 


8,327 


Hudson 


lo,l 1 J 


17 233 


1 1,935 


Lexington 


30 355 


28 974 


20,377 


Lincoln 


8 056 


7 666 


4,173 


Littleton 


8184 


7 051 


5,457 


Lowell 


105 167 


103 439 


46,662 


Malden 


56,340 


53,884 


29,827 


Marlborough 


36,255 


31 813 


18,726 


Maynard 


10 433 


10 325 


6,963 


Medford 


55,765 


57,407 


34,474 


Melrose 


27,134 


28 150 


18,673 


Natick 


32 170 


30 510 


20,139 


Newton 


83 829 


82 585 


57,828 


North Reading 


13,837 


12 002 


9,584 


Pepperell 


1 1 142 


10 098 


7,231 




23,708 




16,172 


Sherbom 


4,200 


3,989 


2,954 


Shirley 


6,373 


6,1 18 


3,426 


Somerville 


77 478 


76 210 


42,858 


Stoneham 


22,2 19 


22,203 


14,502 


Stow 


5,902 


5,328 


4,171 




16 841 


14 358 


1 1,323 


Tewksbury 


28,851 


27,266 


18,225 




9,198 


8,496 


5,501 


Tyngsborough 


11,081 


8,642 


6,607 


Wakefield 


24,804 


24,825 


16,180 


Waltham 


59,226 


57,878 


32,420 




32,986 


32,284 


20,724 


Wayland 


13,100 


11,874 


9,623 


Westford 


20,754 


16,392 


13,176 




11,469 


10,200 


7,733 




21,363 


17,651 


14,091 


Winchester 


20,810 


20,267 


14,598 




37,258 


35,943 


22,426 


Totals 


1,465,396 


1,398,468 


891,065 



Population and Voters. 



309 





Population 




COUNTIES, CITIES 


U.S. 




Regis- 


AND TOWNS 


U.S. 


tered 




Census 


Census 


Voters 




2000 


1990 


2002 


Nantucket 








Nantucket 


9,520 


6,012 


7,479 


Totals 


9,520 


6,012 


7,479 


XT 

jNORf OLK 








Avon 


4,443 


4,558 


3,103 


Bellingham. 


15,314 


14,877 


9,554 


Braintree 


33,828 


33,836 


23,046 


Brookline . 


57,107 


54,718 


42,627 


Canton 


20,775 


18,530 


15,113 


Cohasset 


7,261 


7,075 


5,229 


Dedham 


23,464 


23,782 


15,677 


Dover 


5,558 


4,915 


3,776 


Foxborough 


16,246 


14,637 


11,131 


Franklin 


29,560 


22,095 


17,588 


Holbrook 


10,785 


11,041 


7,143 


Medfield 


12,273 


10,531 


7,880 


Medway 


12,448 


9,931 


7,971 


Millis 


7,902 


7,613 


5,146 


Milton 


26,062 


25,725 


17,763 


Needham 


28,911 


27,557 


20,259 


Norfolk 


10 460 


9 270 


5,654 


Norwood 


28'587 


28'700 


19,679 


Plainville 


7,683 


6,871 


4,983 


QUINCY 


88,025 


84,985 


64,336 


Randolph 


30 963 


30 093 


17,636 


Sharon 


17^408 


15'517 


12,21 1 




27,149 


26,777 


19,041 




22,824 


20,212 


15,047 


Wellesley 


26,613 


26,615 


16,814 


Westwood 


14,117 


12,557 


9,327 


Weymouth 


53,988 


54,063 


35,115 


Wrentham 


10,554 


9,006 


6,941 


Totals 


650,308 


616,087 


439,790 


Plymouth 










14,605 


13,817 


9,494 


Bridgewater 


25,185 


21,249 


13,404 


Brockton 


94,304 


92,788 


46,207 


Carver 


11,163 


10,590 


7,858 




14,248 


13,895 


10,332 


East Bridgewater 


12,974 


11,104 


7,985 


Halifax 


7,500 


6,526 


4,995 


Hanover 


13,164 


11,912 


8,388 



310 



Population and Voters. 



COUNTIES, CITIES 
AND TOWNS 


Population 


Regis- 
tered 

Voters 
2002 


U.S. 
Census 
2000 


U.S. 
Census 
1990 


Plymouth — Concluded 








Hanson 


9,495 


9,028 


6,474 


Hingham 


19,882 


19,821 


14,252 


Hull 


1 1,050 


10,466 


8,434 


Kingston 


1 1,780 


9,045 


7,809 


Lakeville 


9,821 


7,785 


6,479 


Marion 


5,123 


4,496 


3,671 


Marshfield 


24,324 


21,531 


17,297 


Mattapoisett 


6,268 


5,850 


4,648 


Middleborough 


19,941 


17,867 


12,767 


Norwell 


9,765 


9,279 


6,717 


Pembroke 


16,927 


14,544 


11,105 


Plymouth 


51,701 


45,608 


33,858 


Plympton 


2,637 


2,384 


1,866 


Rochester 


4,581 


3,921 


3,230 


Rockland 


17,670 


16,123 


1U78 


Scituate 


17,863 


16,786 


14,110 


Wareham 


20,335 


19,232 


13,673 


West Bridgewater 


6,634 


6,389 


4,748 


Whitman 


13,882 


13,240 


8,878 


Totals 


472,822 


435,276 


299,857 


Suffolk 








Boston 


589,141 


574,283 


365,424 


Chelsea 


35,080 


28,710 


12,415 


Revere 


47,283 


42,786 


25,140 


Winthrop 


18,303 


18,127 


11,674 


Totals 


689,807 


663,906 


414,653 


Worcester 








Ashbumham 


5,546 


5,433 


4,003 


Athol 


11,299 


1 1,451 


6,681 


Auburn 


15,901 


15,005 


11,285 


Barre 


5,113 


4,546 


3,244 


Berlin 


2,380 


2,293 


1,753 


Blackstone 


8,804 


8,023 


5,606 


Bohon 


4,148 


3,134 


2,885 


Boylston 


4,008 


3,517 


2,716 


Brookfield 


3,051 


2,968 


2,127 


Charlton 


11,263 


9,576 


7,982 


Clinton 


13,435 


13,222 


8,666 


Douglas 


7,045 


5,438 


5,314 


Dudley 


10,036 


9,540 


6,198 




2,097 


2,033 


1,369 



Population and Voters. 311 





Population 




COUNTIES, CITIES 


U.S. 




Regis 


AND TOWNS 


U.S. 


tered" 




Census 


Census 


Voters 




2000 


1990 


2002 


Worcester — Concluded 








FiTCHBURG 


39,102 


41,194 


21,916 


Gardner 


20,770 


20,125 


11,166 


Grafton 


14,894 


13,035 


10,771 


Hardwick 


2,622 


2,385 


1,713 


Harvard 


5,981 


12,329 


3,709 


Holden 


15,621 


14,628 


11,162 


Hopedale 


5,907 


5,666 


4,190 


Hubbardston 


3,909 


2,797 


2,631 


Lancaster 


7,380 


6,661 


4,147 


Leicester 


10,471 


10,191 


6,792 


Leominster 


41,303 


38,145 


25,447 


Lunenburg 


9,401 


9,117 


6,621 


Mendon 


5,286 


4,010 


3,581 


Milford 


26,799 


25,355 


14,971 


Millbury 


12,784 


12,228 


8,364 


Millville 


2,724 


2,236 


1,721 


New Braintree 


927 


881 


609 


North Brookfield 


4,683 


4,708 


2,963 


Northborough 


14,013 


11,929 


8,917 


Northbridge 


13,182 


13,371 


9,427 




1,673 


1,503 


1,123 


Oxford 


13,352 


12,588 


8,325 




4,386 


4,047 


3,225 


Petersham 


1,180 


1,131 


837 


Phillipston 


1,621 


1,485 


974 


Princeton 


3,353 


3,189 


2,464 


Royalston 


1,254 


1,147 


794 


Rutland 


6,353 


4,936 


4,105 


Shrewsbury 


31,640 


24,146 


20,561 


Southborough 


8,781 


6,628 


5,900 


Southbridge , 


17,214 


17,816 


10,617 


Spencer 


11,691 


11,645 


7,587 




7,257 


6,481 


5,071 


Sturbridge 


7,837 


7,775 


5,316 


Sutton 


8,250 


6,824 


5,679 


Templeton 


6,799 


6,438 


4,403 


Upton 


5,642 


4,677 


4,622 


Uxbridge 


11,156 


10,415 


8,410 


Warren 


4,776 


4,437 


2,747 


Webster 


16,415 


16,196 


9,830 


Westborough 


17,997 


14,133 


11,087 


West Boylston 


7,481 


6,611 


4,378 


West Brookfield 


3,804 


3,532 


2,425 


Westminster 


6,907 


6,191 


4,867 


Winchendon 


9,611 


8,805 


5,822 


Worcester 


172,648 


169,759 


95,392 




750,963 


709,705 


467,208 



312 



Population and Voters. 



RECAPITULATION. 







Population 


Registered 


















Voters 


COUNTIES 


Number of 


U.S. 


U.S. 


State 




Cities and 


Census 


Census 


Election 




Towns 


2000 


1990 


2002 




15 


222,230 


186,605 


165,198 


Berkshire 


32 


134,953 


139,352 


86,686 


Bristol 


20 


534,678 


506,325 


327,712 


Dukes County 


7 


14,987 


11,639 


11,901 


Essex 


34 


723,419 


670,080 


444,754 


Franklin 


26 


71,535 


70,092 


45,671 


Hampden 


23 


456,228 


456,310 


275,539 


Hampshire 


20 


152,251 


146,568 


95,138 


Middlesex 


54 


1,465,396 


1,398,468 


891,065 


Nantucket 


1 


9,520 


6,012 


7,479 


Norfolk 


28 


650,308 


616,087 


439,790 


Plymouth 


27 


472,822 


435,276 


299,857 


Suffolk 


4 


689,807 


663,906 


414,653 


Worcester 


60 


750,963 


709,705 


467,208 


Totals 


351 


6,349,097 


6,016,425 


3,972,651 



Vote for President, 
Members of Congress 

AND 

State Officers 



314 



Vote for President in 2004. 



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Vote for Senator in Congress in 2002. 315 
VOTE FOR SENATOR IN CONGRESS 



Election, November 5, 2002. 



AGGREGATE OF VOTES FOR 
SENATOR IN CONGRESS 



Cities and Towns 


John F. Kerry 
of Boston 
Democratic 


Michaerl E. Cloud 
of Wayland 
Libertarian 


Randall Forsberg 
of Cambridge 
Write-in 


AH Others 


Blanks 


Total Votes Cast 


Barnstable 


70,393 


20,696 


640 


332 


10,779 


102,840 


Berkshire 


34,521 


5,424 


349 


49 


3,576 


43,919 


Bristol 


122,104 


24,489 


188 


316 


12,892 


159,989 


Dukes County 


5,487 


864 


150 


11 


560 


7,072 


Essex 


186,309 


45,956 


1,260 


656 


24,537 


258,718 


Franklin 


18,654 


3,757 


1,827 


123 


2,111 


26,472 


Hampden 


100,616 


21,696 


214 


564 


14,190 


137,280 


Hampshire 


39,448 


7,398 


3,258 


436 


4,503 


55,043 


Middlesex 


395,087 


91,951 


11,429 


1,674 


47,524 


547,665 


Nantucket 


3,008 


604 


17 


12 


327 


3,968 


Norfolk 


192,342 


45,235 


2,314 


766 


24,672 


265,329 


Plymouth 


123,597 


34,623 


396 


416 


16,164 


175,196 


Suffolk 


129,026 


20,634 


2,138 


100 


28,251 


180,149 


Worcester 


185,384 


46,480 


718 


622 


23,457 


256,661 


Totals 


1,605,976 


369,807 


24,898 


6,077 


213,543 


2,220,301 



316 Representatives, 109th Congress. 



REPRESENTATIVES — ONE HUNDRED 
NINTH CONGRESS 



Election, November 2, 2004. 



No. 1. John W. Olver (D) of Amherst. 

No. 2. Richard E. Neal (D) of Springfield, 

No. 3. James P. McGovern (D) of Worcester. 

No. 4. Barney Frank (D) of Newton. 

No. 5. Martin T. Meehan (D) of Lowell. 

No. 6. John F. Tierney (D) of Salem. 

No. 7. Edward J. Markey (D) of Maiden. 

No. 8. Michael E. Capuano (D) of Somerville. 

No. 9. Stephen F. Lynch (D) of Boston. 

No. 10. William D. Delahunt (D) of Quincy. 



Representatives, 109th Congress. 317 



VOTE FOR REPRESENTATIVES IN CONGRESS. ^ 



Election, November 2, 2004. 



FIRST CONGRESSIONAL DISTRICT. 



John W. Olver of Amherst (Democrat) 229,465 

All others , 2,282 

Blanks 63,461 

Total Votes Cast , 295,208 

SECOND CONGRESSIONAL DISTRICT. 

Richard E. Neal of Springfield (Democrat) 217,682 

All others 2,802 

Blanks 67,387 

Total Votes Cast 287,871 

THIRD CONGRESSIONAL DISTRICT. 

James P. McGovem of Worcester (Democrat) 192,036 

Ronald A. Crews of Ashland (Republican) 80,197 

All others 179 

Blanks 13,584 

Total Votes Cast 285,996 

FOURTH CONGRESSIONAL DISTRICT. 

Barney Frank of Newton (Democrat) 219,260 

Charles A. Morse of Brookline (Independent) 62,293 

All others 486 

Blanks 17,744 

Total Votes Cast . 299,783 



318 Representatives, 109th Congress. 



FIFTH CONGRESSIONAL DISTRICT. 

Martin T. Meehan of Lowell (Democrat) 179,652 

Thomas P. Tiemey of Framingham (Republican) 88,232 

All others 305 

Blanks 12,121 

Total Votes Cast 280,310 

SIXTH CONGRESSIONAL DISTRICT. 

John F. Tiemey of Salem (Democrat) 213,458 

Stephen P. O'Malley, Jr., of Nahant (Republican) 91,597 

All others . 467 

Blanks 16,214 

Total Votes Cast 252,867 

SEVENTH CONGRESSIONAL DISTRICT. 

Edward J. Markey of Maiden (Democrat) 202,399 

Kenneth G. Chase of Belmont (Republican) 60,334 

James O, Hall of Arlington (Independent) 12,139 

All others 227 

Blanks 17,088 

Total Votes Cast 292,187 

EIGHTH CONGRESSIONAL DISTRICT. 

Micabel E. Capuano of Somerville (Democrat) 165,852 

All others 2,229 

Blanks 47,719 

Total Votes Cast 215,800 

NINTH CONGRESSIONAL DISTRICT. 

Stephen F. Lynch of Boston (Democrat) 218,167 

All others 2,145 

Blanks 77,514 

Total Votes Cast 297,826 



Representatives, 109th Congress. 



319 



TENTH CONGRESSIONAL DISTRICT. 



William D. Delahunt of Quincy (Democrat) 
Michael J. Jones of Plymouth (Republican) 

All others 

Blanks 



222,013 
114,879 



13,668 
350,738 



178 



Total Votes Cast 



For complete and detailed results of the 2004 Congressional elections, 
please see Public Document No. 43 - Massachusetts Elections Statistics 
2004, published by the Elections Division of the Secretary of State's 
Office and also produced on-line on the Secretary's home page at 
www.state.nia, us/sec/ele/eleres/04return/04residx. htm. 



320 Vote for Governor and Lt. -Governor in 2002. 



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- Vote for State Officers in 2002. 321 
VOTE FOR STATE OFFICERS. 



Election, November 5, 2002. 



FOR GOVERNOR AND LIEUTENANT GOVERNOR. 

Howell and Aucoin (Libertarian) 23,044 

O'Brien and Gabrieli (Democrat) 985,981 

Romney and Healey (Republican) . . . ... .... 1,091,988 

Stein and Lorenzen (Massachusetts Green) 76,530 

Johnson and Schebel (Independent) 15,335 

All others 1,301 

Blanks 26,122 

Total Votes Cast 2,220,301 

FOR ATTORNEY GENERAL. 

Thomas F. Reilly of Watertown (Democrat) . ... 1,602,817 

All others 12,326 

Blanks 605,158 

Total Votes Cast 2,220,301 

FOR SECRETARY. 

William Francis Galvin of Boston (Democrat) 1,472,562 

Jack E. Robinson III, of Boston (Republican) 516,260 

All others 1,832 

Blanks 229,647 

Total Votes Cast 2,220,301 

FOR TREASURER AND RECEIVER GENERAL. 

Timothy R Cahill of Quincy (Democrat) . 1,040,281 

Daniel A. Grabauskas of Ipswich (Republican) . 848,904 

James O'Keefe of Somerville (Massachusetts Green) 163,559 

All others 830 

Blanks 166,727 

Total Votes Cast 2,220,301 



322 



Vote for State Officers in 2002. 



FOR AUDITOR. 



A. Joseph DeNucci of Newton (Democrat) 1,456,880 

Kamal Jain of Littleton (Libertarian) 133,997 

John James Xenakis of Framingham (Independent) 227,974 

All others 2,065 

Blanks 349,385 

Total Votes Cast 2,220,301 



For complete and detailed results of the 2002 State Officers elections, 
please see Public Document No. 43 -- Massachusetts Elections 
Statistics 2002, published by the Elections Division of the Secretary of 
State's Office. 



Vote for Executive Councillors in 2004. 323 
VOTE FOR EXECUTIVE COUNCILLORS. 



Election, November 2, 2004. 



FIRST DISTRICT 

Carole A. Fiola of Fall River (Democratic) 267,782 

All others 2,189 

Blanks 134,416 

Total Votes Cast 404,387 

SECOND DISTRICT 

Kelly A. Timilty of Boston (Democratic) 262,95 1 

All others 2,643 

Blanks 128,324 

Total Votes Cast 393,918 

THIRD DISTRICT 

Marilyn M. Petitto Devaney of Watertown (Democratic) .. 240,968 

All others 3,157 

Blanks 123,600 

Total Votes Cast 367,725 

FOURTH DISTRICT 

Christopher A. lannella, Jr., of Boston (Democratic) 185,582 

Donald A. Hussey, of Hingham (Republican) 67,625 

Brian Connolly o fHanover (Unenrolled) . 40,485 

All others , , 419 

Blanks 45,799 

Total Votes Cast , 339,910 



324 



Vote for Executive Councillors in 2004. 



FIFTH DISTRICT 



Mary-Ellen Manning of Salem (Democratic) 253,195 

All others 2,639 

Blanks 120,506 

Total Votes Cast 376,340 

SIXTH DISTRICT 

Michael J. Callahan of Medford (Democratic) 227,682 

All others 2,227 

Blanks 111,802 

Total Votes Cast 269,014 

SEVENTH DISTRICT 

Thomas J. Foley of Worcester (Democratic) 245,682 

All others . . . , , , 3,052 

Blanks 110,517 

Total Votes Cast 359,251 

EIGHTH DISTRICT 

Thomas T. Merrigan of Greenfield (Democratic) 176,656 

Aaron Bennie Wilson of Holyoke (Independent) 102,830 

All others 522 

Blanks 64,294 

Total Votes Cast 344,302 



Statistics 



State, Post Office, County 



Governors and Lieut. -Governors. 327 



GOVERNORS AND LIEUT.-GOVERNORS. 



CHOSEN ANNUALLY BY THE PEOPLE 

Governors of Plymouth Colony. 



John Carver 
William Bradford 
Edward Winslow. 
Thomas Prence. 
William Bradford. 
Edward Winslow. 
William Bradford. 



1638 June 

1639 June 

1 644 June 

1645 June 
1657 June 
1673 June 



5, Thomas Prence. 

3, William Bradford. 
5, Edward Winslow. 

4, William Bradford. 
3, Thomas Prence. 
3, Josiah Winslow. 



1680 Dec. 18, Thomas Hinckley.* 



Deputy-Governors of Plymouth Colony. 



1680 Thomas Hinckley, t 

1681 James Cudworth. 



1682 William Bradford, to 1686. 
1689 William Bradford, to 1692. 



CHOSEN ANNUALLY UNDER THE FIRST CHARTER. 

Governors of Massachusetts Bay Colony. 



1629 Mar. 4, 
1629 Apr. 30, 
1629 Oct. 20, 

1634 May 14, 

1635 May 6, 

1636 May 25, 

1637 May 17, 

1640 May 3, 

1641 June 2, 

1642 May 18, 

1644 May 29, 

1645 May 14, 



Matthew Cradock.J 
John Endicott.f 
John Winthrop.J 
Thomas Dudley. 
John Haynes. 
Henry Vane. 
John Winthrop. 
Thomas Dudley. 
Richard Bellingham. 
John Winthrop. 
John Endicott. 
Thomas Dudley. 



1646 May 6, 

1649 May 2, 

1650 May 22, 

1651 May 7, 

1654 May 3, 

1655 May 23, 
1665 May 3, 

1672 Dec. 12, 

1673 May 7, 
1679 May 28, 



John Winthrop. 
John Endicott. 
Thomas Dudley. 
John Endicott. 
Richard Bellingham. 
John Endicott. 
Richard Bellingham. 
John Leverett (act'g). 
John Leverett. 
Simon Bradstreet, to 
May 20, 1686. 



* Mr. Hinckley was Governor till the union of the colonies in 1692, except during the 
administration of Andros. 

t Previously there was no Deputy-Governor, a Governor pro tern being appointed by the 
Governor to serve in his absence. 

% A patent of King James I, dated Nov. 3, 1620, created the Council for New England 
and granted it the territory in North America from 40° to 48° N. latitude and from sea to sea, to 



328 



Governors and Lieut. -Governors. 



Deputy-Governors of Massachusetts Bay Colony. 



1629 Thomas Goffe, . .*to Oct. 20, 1629 



1 629 Thomas Dudley 1 634 

1634 Roger Ludlow 1635 

1635 Richard Bellingham 1636 

1636 John Winthrop 1637 

1637 Thomas Dudley 1640 

1640 Richard Bellingham 1641 

1641JohnEndicott 1644 

1644 John Winthrop 1646 

1646 Thomas Dudley 1650 



1650 John Endicott to 1651 

1651 Thomas Dudley 1653 

1653 Richard Bellingham 1654 

1654 John Endicott 1655 

1655 Richard Bellingham 1665 

1665 Francis Willoughby .... 1671 

1671 John Leverett 1673 

1673 Sam' 1 Symonds, to Oct . 1678 

1678 Oct., Simon Bradstreet . . 1679 

1679 Thomas Danforth 1686 



be known thereafter as New England in America. By instrument of March 19, 1628, the 
Council for New England granted to Sir Henry Rosewell and others the territory after- 
wards confirmed by royal Charter to the "Governor and Company of the Massachusetts 
Bay in New England." This Charter, which passed the seals March 4, 1629, designated 
Matthew Cradock as the first Governor of the Company and Thomas Goffe as the first 
Deputy-Govemor. Both had held similar offices from the grantee under the instrument 
of March 19, 1628. On May 13, 1629, the same persons were rechosen by the Company; 
but they never came to New England. On Oct. 20, 1629, John Winthrop was chosen 
Governor of the Company and John Humfrey Deputy-Govemor. Humfrey having 
declined the service, Thomas Dudley was chosen in his stead. 

John Endicott had been sent over in 1628, with a small band, as the agent of the 
grantees under the instrument of March 19, 1628. While Cradock was Govemor of the 
Company, a commission, dated April 30, 1629, was sent out to Endicott at Salem 
appointing him "Govemor of London's Plantation in the Massachusetts Bay in New 
England." In the exercise of this commission he was subordinate to the "Govemor and 
Company" in London, by whom he was deputed, and who, from time to time, sent him 
elaborate instructions for his conduct. Cradock and Endicott were thus chief govemor 
and local govemor, respectively, from April 30, 1629, or, rather, from the time when 
Endicott's commission reached Salem, a few weeks later, until Oct. 20, 1629; and Winthrop 
and Endicott were chief and local govemors, respectively, from that date until the arrival 
of Winthrop at Salem with the charter, June 12, 1630, when Endicott's powers merged 
in the general authority of Winthrop. 

* Thomas Goffe, the first Deputy-Govemor, never came to New England. John Humfrey 
was elected, but did not serve. 



Governors and Lieut. -Governors. 329 



THE INTER-CHARTER PERIOD. 

On May 25, 1686, Joseph Dudley became President of New England under 
a commission of King James II, and had jurisdiction over the royal dominions 
in New England. This office he held till December 20, the same year, when Sir 
Edmund Andros became Governor of New England, appointed by King James II. 
On April 18, 1689, Governor Andros was deposed by a revolution of the people. 



AFTER THE DISSOLUTION OF THE FIRST CHARTER. 



Simon Bradstreet was Governor from June 7, 1689, to May 16, 1692 
and Thomas Danforth was Deputy-Governor during the same time. 



APPOINTED BY THE KING UNDER SECOND CHARTER. 



Governors of the Province of the Massachusetts Bay. 



16, Sir William Phips. 
4, William Stoughton. ' 

26, Richard Coote. f 

17, William Stoughton. 
7, The Council. 

11, Joseph Dudley. 

4, The Council. 
21, Joseph Dudley. 

9, William Tailer.f 

5, Samuel Shute. 

1, William Dummer. 

19, William Burnet. 

7, William Dummer. 



1730 June 11, 
1730 Aug. 10, 
1741 Aug. 14, 
1749 Sept. 11, 
1753 Aug. 7. 

1756 Sept.25, 

1757 April 4, 
1757 Aug. 3, 
1760 June 3, 
1760 Aug. 2, 
1769 Aug. 2, 
1771 Mar. 14, 
1774 May 17, 



William Tailer. 
Jonathan Belcher. 
William Shirley. 
Spencer Phips. 
William Shirley. 
Spencer Phips. 
The Council. 
Thomas Pownell. 
Thomas Hutchinson. 
Francis Bernard. 
Thomas Hutchinson. 
Thomas Hutchinson. 
Thomas Gage. 



Lieutenant-Governors of the Province of the Massachusetts Bay. 



1692 William Stoughton, to July, 

1 702 Thomas Povey 

1706 Jan., vacancy to Oct ..... 
1711 William Tailer. 
1716 William Dummer. 



1701 1730 William Tailer. 

1706 1732 Spencer Phips. 

1711 1758 Thomas Hutchinson. 
1771 Andrew Oliver 
1714 Thomas Oliver. 



* Those whose names are printed in italics were Acting Governors, 
t Richard Coote, Earl of Bellomont. 

X On Nov. 9, 1715, Elizeus Burgess was proclaimed Governor, he having been 
commissioned on March 17, 1715, but he never came over to perform his duties, and 
resigned the office in April, 1716. 



330 Governors and Lieut. -Governors. 



UNTIL THE CONSTITUTION. 
1774 Oct., a Provincial Congress 1775 July, The Council. 

UNDER THE CONSTITUTION. 

Governors of The Commonwealth of Massachusetts. 



1780 John Hancock to 1785 

1785 James Bowdoin 1787 

1787 John Hancock, Oct. 8 1793 

1794 Samuel Adams 1797 

1797 Increase Sumner, June 7 . . . 1799 

1800 Caleb Strong 1807 

1807 Jas. Sullivan, Dec. 10 1808 

1809 Christopher Gore 1810 

1810 Elbridge Gerry 1812 

1812 Caleb Strong 1816 

1816 John Brooks 1823 

1823 Wm. Eustis, Feb. 6 1825 

1825 Levi Lincoln 1834 

1834 John Davis, March 1 1835 

1836 Edward Everett 1840 

1840 Marcus Morton 1841 

1841 John Davis 1843 

1843 Marcus Morton 1844 

1844 George N. Briggs 1851 

1851 George S. Boutwell 1853 

1853 John H. CUfford ......... 1854 

1854 Emory Washburn .... 1855 

1855 Henry J. Gardner 1858 

1858 Nathaniel P. Banks 1861 

1861 John A. Andrew 1866 

1866 Alexander H. Bullock 1869 

1869 William Claflin 1872 

1872 William B. Washburn* 1874 

1875 William Gaston ......... 1876 

1876 Alexander H. Rice 1879 

1879 Thomas Talbot 1880 

1880 John Davis Long ...... to 1883 

1883 Benjamin F. Butler 1884 

1884 George D. Robinson .1887 

1887 Oliver Ames 1890 



1890 John Q. A. Brackett 1891 

1891 William E. Russell 1894 

1894 Frederick T. Greenhalget ..1896 

1897 Roger Wolcott 1900 

1900 W. Murray Crane 1903 

1903 JohnL. Bates 1905 

1905 William L.Douglas 1906 

1906 Curtis Guild, Jr 1909 

1909 EbenS. Draper 1911 

1911 Eugene N. Foss 1914 

1914 David I. Walsh 1916 

1916 Samuel W. McCall 1919 

1919 Calvin Coolidgel 1921 

1921 ChanningH. Cox 1925 

1925 AlvanT. Fuller 1929 

1929 Frank G. Allen . 1931 

1931 Joseph B. Ely 1935 

1935 James M. Curley 1937 

1937 Charles F. Hurley 1939 

1939 Leverett Saltonstall 1945 

1945 Maurice J. Tobin 1947 

1947 Robert F. Bradford 1949 

1949 Paul A. Dever 1953 

1953 Christian A. Herter 1957 

1957 Foster Furcolo 1961 

1961 John A. Volpe 1963 

1963 EndicottPeabody 1965 

1965 John A. Volpe** 1969 

1971 Francis W. Sargent*** 1975 

1975 Michaels. Dukakis 1979 

1979 Edward J. King 1983 

1983 Michaels. Dukakis 1990 

1991 William F. Weld § 1997 

1997 Argeo Paul Cellucci || 2001 

2003 MittRomney 2007 

2007 Deval L. Patrick 



* Resigned April 29, 1874. Chosen U.S. Senator April 17, 1874. 
t Died March 5, 1896. 

X Vice President of the United States, 1921-23; President, Aug. 3, 1923, to 
March 4, 1929. 

** Elected November 8, 1966 to a four-year term under Article LXXXII of the 
Amendments to the Constitution. Appointed U.S. Secretary of Transportation, Jan. 22, 1969. 

*** Acting Governor from Jan. 22, 1969; elected Governor Nov. 3, 1970, qualified 
Jan. 7, 1971. 

§ Resigned July 29, 1997. 

II Acting Governor from July 29, 1997, elected Governor Nov. 3, 1998, qualified 
Jan. 7, 1999; resigned April 10, 2001. 



Governors and Lieut. -Governors. 



331 



Lieutenant-Governors of The Commonwealth of Massachusetts. 



1780 Thos. Cashing, to Feb. 28,* 1788 



1788 Benjamin Lincoln 1789 

1789 Samuel Adams 1794 

1794 Moses Gill, May 20t 1800 

1801 Sam'l Phillips, Feb. 10 ...1802 

1802 Edward H. Robbins . . 1806 

1807 LeviLincolnt 1809 

1809 David Cobb 1810 

1810 William Gray 1812 

1812 William Phillips .... 1823 

1823 Levi Lincoln, Feb 1824 

1 824 Marcus Morton, July 1 825 

1826 Thomas L. Winthrop ..... 1833 

1833 Samuel T. Armstrong 1836 

1836 George Hull 1843 

1843 Henry H. Childs 1844 

1844 John Reed 1851 

1851 Henry W. Cushman 1853 

1853 Elisha Huntington 1854 

1854 William C. Plunkett ...... 1855 

1855 Simon Brown 1856 

1856 Henry W. Benchley 1858 

1858 Eliphalet Trask 1861 

1861 John Z. Goodrich, Mar. 29, 1861 

1862 John Nesmith, Sept 1862 

1863 Joel Hayden 1866 

1866 William Claflin 1869 

1869 Joseph Tucker 1873 

IS13 Thomas Talbot^ .... 1875 

1875 Horatio G. Knight ... 1879 



1879 John Davis Long 1880 

1880 Byron Weston 1883 

1883 Oliver Ames 1887 

1887 John Q. A. Brackett 1890 

1890 William H. Haile 1893 

1893 Roger Wolcott\\ 1897 

1897 W. Murray Crane 1900 

1900 JohnL. Bates 1903 

1903 Curtis Guild, Jr 1906 

1906 Eben S. Draper 1909 

1909 Louis A. Frothingham 1912 

1912 Robert Luce 1913 

1913 David L Walsh 1914 

1914 Edward P. Barry 1915 

1915 Grafton D. Gushing 1916 

1916 Calvin Coolidge 1919 

1919 Channing H. Cox 1921 

1921 AlvanT. Fuller 1925 

1925 Frank G . Allen 1929 

1929 William S. Youngman 1933 

1933 Caspar G. Bacon 1935 

1935 Joseph L. Hurley 1937 

1937 Francis E. Kelly 1939 

1939 Horace T. Cahill 1945 

1945 Robert F. Bradford 1947 

1947 Arthur W. Coolidge 1949 

1949 Charles F. Jeff Sullivan 1953 

1953 Sumner Gage Whittier 1957 

1957 Robert F. Murphy** 1960 



1961 Edward F. McLaughlin, Jr. . . 1963 



* The Lieutenant-Governors whose names are in italics were Acting Governors also 
during vacancies in the office of Governor. 

t Mr. Gill died on the 20th of May, 1 800, and the Commonwealth, for the only time 
under the Constitution, was without a Governor and Lieutenant-Governor. The Council, 
Hon. Thomas Dawes, President, officiated until the 30th of the month, when Caleb Strong 
was inaugurated Governor. 

X General William Heath was elected in 1806, and declined to accept the office . 

§ Acting Govemor from April 29, 1874. 

II Acting Govemor from March 5, 1896. 
** Appointed Commissioner of the Metropolitan District Commission on Oct. 6, 1960. 



332 Governors and Lieut. -Governors. 



1963 Francis X. Bellotti 1965 

1965 Elliot L. Richardson 1967 

1967 Francis W. Sargent *** . . 1971 

1971 Donald R. Dwight 1975 

1975 Thomas P. O'Neill III ... 1983 



1983 JohnF. Kerry # 1985 

1987 Evelyn F. Murphy 1990 

1991 Argeo Paul Cellucci f 1997 

1999 JaneM. Swift**** 2002 

2003 Kerry Healey 2007 

2007 Timothy P. Murray 



*** Elected November 8, 1966 to a four-year term under Article LXXXIl of the 
Amendments to the Constitution. Acting Governor from Jan. 22, 1969. 

# Elected November 2, 1982 to a four-year term under Article LXXXIl of the 
Amendments to the Constitution. Resigned Jan. 2, 1985, and appointed to fill vacancy in 
office of United States Senator due to resignation of Paul E. Tsongas. 

t Acting Governor from July 29, 1997; Elected Governor November 3, 1998. 
**** Acting Governor from April 10, 2001. 



United States Senators. 



333 



UNITED STATES SENATORS. 

FROM MASSACHUSETTS. 



Tristram Dalton 1789-91 

George Cabot 1791-96 

Benjamin Goodhue 1796-1800 

Jonathan Mason 1800-03 

John Quincy Adams .... 1803-08 

James Lloyd, Jr 1808-13 

Christopher Gore 1813-16 

Eli Porter Ashmun 1816-18 

Prentiss Mellen 1818-20 

Elijah Hunt Mills 1 820-27 

Daniel Webster 1827-41 

RuftisChoate .1841-45 

Daniel Webster 1845-50 

Robert Charles Winthrop 1850-51 

Robert Rantoul, Jr 1851 

Charles Sumner t 1851-74 

William B. Washburn 1874-75 

Henry Laurens Dawes 1875-93 

Henry Cabot Lodge § 1893-1924 

William Morgan Butler 1924-26 

David Ignatius Walsh 1926-47 

Henry Cabot Lodge, Jr. 1 947-53 

John Fitzgerald Kennedy** . . . 1953-60 

Benjamin A. Smith, U tt 1960-63 

Edward M. Kennedy?! 1963-2009 

Paul G. Kirk ..2009-2010 

Scott P. Brown 2010 



Caleb Strong 1789-96 

Theodore Sedgwick 1 796-99 

Samuel Dexter 1 799- 1 800 

Dwight Foster 1 800-03 

Timothy Pickering 1 803- 1 1 

Joseph Bradley Vamum .... 181 1-17 

Harrison Gray Otis 181 7-22 

James Lloyd 1822-26 

Nathaniel Silsbee 1826-35 

John Davis ...... 1835-41 

Isaac Chapman Bates 1841-45 

John Davis 1845-53 

Edward Everett 1853-54 

Julius Rockwell 1854-55 

Henry Wilson* .....1855-73 

George S. Boutwell . 1873-77 

George Frisbie Hoar J 1877-1904 

Winthrop Murray Crane .... 1904-13 

John Wingate Weeks 1913-19 

David Ignatius Walsh 1919-25 

Frederick Huntington Gillett . 1925-31 

Marcus A. Coolidge ... 1931-37 

Henry Cabot Lodge, Jr.^l 1937-44 

Sinclair Weeks 1944 

Leverett Saltonstall ........ 1945-67 

Edward W. Brooke ........ 1967-79 

Paul E. Tsongas # . 1979-85 

JohnF. Kerry ## 1985- 



* Mr. Wilson elected Vice President in 1872; George S. Boutwell chosen to fill vacancy. 

t Charles Sumner died March 11, 1874; William B. Washburn chosen to fill 
vacancy, April 17, 1874. 

X Mr. Hoar died September 30, 1904; Winthrop Murray Crane appointed by Governor 
John L. Bates October 12, 1904. 

§ Mr. Lodge died November 9, 1924; William Morgan Butler temporarily appointed by 
Governor Charming H. Cox November 13, 1924; Mr. Walsh chosen to fill vacancy, Novem- 
ber 2, 1926. 

]I Mr. Lodge resigned February 4, 1944; Sinclair Weeks temporarily appointed by 
Govemor Leverett Saltonstall February 8, 1944. 

** Mr. Kennedy elected President of the United States in November, 1960. Resigned fi-om 
the Senate on December 22, 1960. 

tt Mr. Smith temporarily appointed by Govemor Foster Furcolo December 27 1960. 

# Mr. Tsongas' term expired January, 1985; resigned January 2, 1985. 

## Mr. Kerry elected to a six-year term on November 6, 1984; Mr. Kerry temporarily 
appointed by Govemor Michael S. Dukakis on January 3, 1985. 

Mr. Kennedy died August 25, 2009; Paul G. Kirk appointed by Governor 
Deval Patrick September 24, 2009; Mr. Brown chosen to fill vacancy January 19, 
2010; qualified February ,2010. 



334 



Secretaries. 



SECRETARIES. 



List of Persons who have held the Office of 
Secretary of the Commonwealth. 



John Avery 1780-1806 

Jonathan L. Austin 1806-08 

William Tudor 1808-10 

Benjamin Homans 1810-12 

Alden Bradford 1812-24 

Edward D. Bangs 1824-36 

John P. Bigelow 1836-43 

John A. Bolles 1843-44 

John G. Palfrey 1844-48 

William B. Calhoun 1848-51 

Amasa Walker 1851-53 

Ephraim M. Wright 1853-56 

Francis DeWitt 1856-58 

Oliver Warner 1858-76 



Henry B. Peirce .1876-91 

William M. Olin* 1891-1911 

Albert P. Langtry* 1911-13 

Frank J. Donahue 1913-15 

Albert P. Langtry 1915-21 

Frederic W. Cook 1921-49 

Edward J. Cronin** 1949-58 

J. Henry Goguen** 1958-59 

Joseph D. Ward*** 1959-61 

Kevin H. White§ 1961-67 

John F. X. Davorent 1967-75 

Paul H. Guzzi 1975-79 

Michael Joseph Connolly . . 1979-95 
William Francis Galvin .... 1995- 



* Secretary Olin died April 15, 1911; Mr. Langtry chosen to fill vacancy April 26, 1911. 
** Secretary Cronin died Nov. 24, 1958. The vacancy was filled by the appointment of 
J. Henry Goguen, who qualified on Dec. 1, 1958, to fill unexpired term. 

*** Office was filled by election by the Legislature of Joseph D. Ward on Jan. 20, 1959. 
§ Elected November 8, 1966 to a four-year term under Article LXXXII of the 
Amendments to the Constitution. Resigned Dec. 20, 1967. 

t Office was filled by election by the Legislature of John F. X. Davoren on Dec. 20, 
1967; and on November 3, 1970. Mr. Davoren was elected to a four-year term under Article 
LXXXII of the Amendments to the Constitution. 



Treasurers. 



335 



TREASURERS. 



List of Persons who have held the Office of 
Treasurer and Receiver General. 



Henry Gardner 1780-83 

Thomas Ivers 1783-87 

Alexander Hodgdon 1787-92 

Thomas Davis 1792-97 

Peleg Coffin* 1797-1801 

Jonathan Jackson 1 802-06 

Thompson J. Skinner 1806-08 

JosiahDwight 1808-10 

Thomas Harris 1810-11 

Jonathan L . Austin 1811-12 

JohnT. Apthorp 1812-17 

Daniel Sargent 1817-22 

Nahum Mitchell 1822-27 

Joseph Sewall 1827-32 

Hezekiah Barnard 1832-37 

David Wilder 1837-42 

Thomas Russell . 1842-43 

John Mills 1843-44 

Thomas Russell 1844-45 

Joseph Barrett 1845-49 

Ebenezer Bradbury 1849-51 

Charles B. Hall 1851-53 

Jacob H. Loud 1853-55 

Thomas J. Marsh 1855-56 

Moses Tenney, Jr 1856-61 

Henry K. Oliver 1861-66 

Jacob H. Loud 1866-71 

Charles Adams, Jr 1871-76 

Charles Endicott 1876-81 



Daniel A. Gleason . 1881-86 

Alanson W. Beard 1 886-89 

George A. Marden 1889-94 

Henry M . Phillips! 1894-95 

Edward P. Shawj . 1895-1900 

Edward S. Bradford 1900-05 

Arthur B. ChapinJ 1905-09 

Elmer A. Stevensj 1909-14 

Frederick W. Mansfield 1914-15 

Charles L. Burrill 1915-20 

Fred J. Burrell§ 1920 

James Jackson§ 1920-25 

William S. Youngman|| ..... 1925-29 

Karl H. Oliverll 1929 

John W. Haigisll 1929-31 

Charles F. Hurleyl 1931-37 

Karl H. Oliveil 1937 

William E. Hurleyl 1937-43 

Francis X. Hurley . 1943-45 

John E. Hurley 1945-47 

Laurence Curtis 1947-49 

John E. Hurley** 1949-52 

Foster Furcolo** 1952-55 

JohnF. Kennedy 1955-61 

John Thomas Driscoll*** .... 1961-64 

Robert Q. Crane*** 1964-90 

Joseph D. Malone 1991-98 

Shannon P. O'Brien 1999-02 

Timothy P. Cahill 2003- 



* Secretary Avery had a warrant to take care of the treasury on the resig- 
nation of Mr. Coffin, May 25, 1802. 

t Mr. Phillips resigned April 12, 1895; Mr. Shaw chosen to fill vacancy April 25, 1895. 

X Mr. Chapin resigned April 1, 1909; Mr. Stevens chosen to fill vacancy April 7, 1909. 

§ Mr. Burrell resigned Sept. 3, 1920; Mr. Jackson appointed to fill vacancy 
Sept. 8, 1920. 

|] Mr. Youngman qualified as Lieutenant-Governor Jan. 3, 1929; Mr. Oliver chosen to 
fill vacancy January 7; Mr. Haigis qualified January 1 6. 

^ Mr. Charles F. Hurley qualified as Governor, January 7, 1937; Mr. Oliver chosen to fill 
vacancy January 11; Mr. William E. Hurley qualified January 20. 

** Mr. John E. Hurley resigned July 5, 1952; Mr. Furcolo appointed to fill vacancy July 5. 
*** Mr. John Thomas Driscoll resigned May 12, 1964; Mr. Crane chosen to fill 
vacancy May 12; and on November 8, 1966 Mr. Crane was elected to a four-year term under 



336 Attorneys-General — Solicitors-General. 



ATTORNEYS-GENERAL - 
SOLICITORS-GENERAL. 



[This table was prepared by Mr. A. C. Goodell, Jr., and contributed 
by him to the Massachusetts Historical Society's proceedings for June, 
1895.1 



TABLE OF ATTORNEYS-GENERAL BEFORE 
THE CONSTITUTION. 

CHOSEN. APPOINTED. 

Anthony Checkley April 29, 1680. 

Under the Presidency of Joseph Dudley: 

Benjamin Bullivant Date uncertain, but before 

July 1, 1686; sworn in 
July 26. 

Under Sir Edmund Andros: 

Giles Masters "To frame indictments, 

arraign and prosecute 
felons." April 30, 1687. 
He died "Kings Attorney," 
Feb. 29, 1688. 

James Graham Date uncertain, but as early 

as Aug. 25, 1687, he was 
"settled in Boston and 
made Attorney-general." 

James Graham Reappointed (2d commis- 

sion) June 20, 1688. 

During the inter-charter period: 
Anthony Checkley . June 14, 1689. 

Under the Province Charter: 

Anthony Checkley Oct. 28, 1692. 

Paul Dudley . July 6, 1702. 

Paul Dudley June 8, 1716. 

Paul Dudley June 19, 1717. 

Paul Dudley* . June 25, 1718. 

John Valentine ... ... Nov. 22, 1718. 



♦Resigned Nov. 22, 1718. 



Attorneys -General — Solicitors-General. 337 



CHOSEN. APPOINTED. 

John Valentine June 24, 1719. 

Thomas Newton t June 19, 1720. 

{Vacancy: John Read chosen, but negatived by Governor Shute.) 

JohnOvering June 29, 1722, 

John Read June 20, 1723. 

{Vacancy; John Read chosen, but not consented to.) 

John Read June 28, 1725. 

John Read June 21, 1726. 

John Read June 28, 1727. 

Joseph Hiller June 19, 1728. 

(Addington Davenport, Jr., chosen June 12, but declined.) 

John Overing . June 26, 1729. 

(Jeremiah Gridley and others were chosen annually from 1730 to 
1748, but the Governor withheld his consent. See Proceedings of 
the Massachusetts Historical Society, Vol. X, Second Series, p. 254.) 

Edmund Trowbridge June 29, 1749. 

Edmund Trowbridge May 14, 1762, 

(Made Justice of the Superior Court of Judicature, March 25, 1767). 

Jeremiah Gridley J , March 25, 1767. 

Jonathan Sewall Nov. 24, 1767, 

{Vacancy from September, 1774, to June 12, 1777.) 

Robert Treat Paine. June 12, 1777, ....... Accepted Aug. 26. 

Robert Treat Paine June 19, 1778 (sworn). 

Robert Treat Paine. ..... Feb. 5, 1779. 

Robert Treat Paine Jan. 4, 1780. 

Special Attorney-General, etc. 
Jonathan Sewall March 25, 1767. 



Solicitors-General, etc. 

Jonathan Sewall June 24, 1767. 

{Vacancy from November 18, 1767, to March 14, 1771.) 

Samuel Quincy§ . March 14, 1771. 

Solicitor-General (Since the Constitution.) 

Daniel Davis 1801-32. 

(Office established in 1800, and abolished in 1832.) 



tDied May 28, 1721. J Died Sept. 10, 1767. 

§ A refugee, 1774-75. 



338 Attorneys-General — Solicitors-General. 



TABLE OF ATTORNEYS-GENERAL SINCE THE CONSTITUTION. 



Robert Treat Paine 1780-90 

James Sullivan 1790-1807 

Barnabas Bidwell 1807-10 

Perez Morton 1810-32 

James T. Austin 1832-43 

John Henry Clifford * 1849-53 

RufusChoatet 1953-54 

John Henry Cliffordt 1854-58 

Stephen Henry Phillips 1858-61 

Dwight Foster . 1861-64 

Chester I. ReedJ 1864-67 

Charles Allen I 1867-72 

Charles R. Train 1872-79 

George Marston 1879-83 

Edgar J. Sherman § 1883-87 

Andrew J. Waterman § 1887-91 

Albert E. Pillsbury 1891-94 

Hosea M. Knowlton 1894-1902 

Herbert Parker 1902-06 

DanaMalone 1906-11 

James M. Swift 1911-14 



Thomas J. Boynton 1914-15 

Henry C. Attwill ° 1915-19 

Henry A. Wyman ° 1919-20 

J. Weston Allen 1920-23 

Jay R. Benton 1923-27 

Arthur K. Reading H 1927-28 

Joseph E. Warner H 1928-35 

Paul E. Dever 1935-41 

Robert T. Bushnell 1941-45 

Clarence A. Barnes 1945-49 

Francis E. Kelly 1949-53 

George Fingold** 1953-58 

Edward J. McCormack, Jr.** . . 1958-63 

Edward W. Brooke*** 1963-67 

Edward T. Martin Interim 

Elliot L. Richardson tt 1967-69 

Robert H. QuinnJt 1969-75 

Francis X. Bellotti 1975-87 

James M. Shannon 1987-90 

L. Scott Harshbarger 1991-98 

Thomas F. Reilly 1999-07 

Martha Coakley 2007- 



* The office of Attorney-General was abolished in 1843 and re-established 
in 1849. 

t Rufus Choate resigned May 12, 1854. Mr. Clifford's term began May 20, 1854. 

i Resigned April 20, 1867. The vacancy was filled by election by the Legislature 
of Charles Allen, April 26, 1867. 

§ Resigned October 1, 1887. The vacancy was filled by the appointment of 
Andrew J. Waterman. 

° Vacated the office August 13, 1919, by qualifying as a member of the Public 
Service Commission. The vacancy was filled by the appointment of Henry A. Wyman, 
who qualified on that day. 

TI Resigned June 6, 1928. The vacancy was filled by the choice June 13, of 
Joseph E. Warner. 

** Attorney-General Fingold died Aug. 31, 1958. The vacancy was filled by elec- 
tion by the Legislature of Edward J. McCormack, Jr., on September 11, 1958. 

*** Resigned January 2, 1967. The vacancy was filled by the nomination by the 
Governor and the confirmation by the Executive Council of Edward T. Martin as interim 
Attorney General on January 3, 1967. 

tt Elected November 8, 1966 to a four-year term under Article LXXXII of the 
Amendments to the Constitution. Resigned January 23, 1969. Appointed Under- 
Secretary of State on President's Cabinet. 

XX Office was filled by election by the Legislature of Robert H. Quinn on Jan- 
uary 23, 1969; and on November 3, 1970, Mr. Quinn was elected to a four-year term 
under Article LXXXII of the Amendments to the Constitution. 



Auditors. 



339 



AUDITORS. 



List of Persons who have held the office of 
Auditor of Accounts or Auditor of the Commonwealth. 

[Established by Act of 1849. Name changed by Act of 1908.] 



David Wilder, Jr 1849-54 

Joseph Mitchell 1854-55 

Stephen N. Gifford 1855-56 

Chandler R. Ransom 1856-58 

Charles White 1858-61 

Levi Reed* 1861-65 

Julius L. Clarke 1865-66 

Henry S. Briggs 1866-70 

Charles Endicott 1870-76 

Julius L. Clarket 1876-79 

Charles R. Laddt . 1879-91 

William D. T. Trefry 1891-92 



John W. Kimball 1892-1901 

Henry E. Turner J 1901-11 

John E. White! 1911-14 

Frank H. Pope 1914-15 

AlonzoB. Cook 1915-31 

Francis X. Hurley 1931-35 

Thomas H. Buckley 1935-39 

Russell A. Wood 1939-41 

Thomas J. Buckley** 1941-64 

Thaddeus Buczko*** ... 1964-81 

John J. Finnegan*** 1981-87 

A. Joseph DeNucci 1987- 



* Resigned December 20, 1865. 

t Mr. Clarke resigned, and Mr. Ladd was appointed in his place May 5, 1879. 
X Mr. Turner died June 29, 1911, and Mr. White was chosen to fill the vacancy 
July 6, 1911. 

** Mr. Buckley died September 9, 1964 and Mr. Buczko was appointed to fill the 
vacancy September 24, 1964; and on November 8, 1966, Mr. Buczko was elected to a 
four-year term under Article LXXXII of the Amendments to the Constitution. 

*** Mr. Buczko resigned on February 11, 1981 and Mr. Finnegan was elected, 
under the provisions of Article XVll, as amended by Article LXXIX of the Amendments 
to the Constitution, to fill the vacancy February 23, 1981. 



340 Organization of the Legislature. 



ORGANIZATION OF THE LEGISLATURE, 
Since 1780. 



The first General Court, under the Constitution of The Commonwealth 
of Massachusetts, assembled at Boston on Wednesday, Oct. 25, 1780, and 
was finally prorogued (having held three sessions) May 19, 1781. From 
this time until 1832 the political year commenced on the last Wednesday in 
May, and the General Court held two, and fi-equently three, sessions during 
each year. In 1832, by an amendment of the Constitution, the commence- 
ment of the political year was changed to the first Wednesday in January. 



SENATE. 



PRESIDENTS. 



Thomas Gushing, resign 'd* , 01 

Jeremiah Powell J ^ '^^'^^ 

Jeremiah Powell, re^/gw 'i^ * -» 

Samuel Adams J ^'^^'^^ 

Samuel Adams 1782-85 

Samuel Adams, resign 'd* -i 

Samuel Phillips, Jr ./ ^^^5-86 

Samuel Phillips, Jr 1786-87 

Samuel Adams 1787-88 

Samuel Phillips, Jr 1788-90 

Samuel Phillips 1790-1801 

Samuel Phillips, re5/g/7Wt t 

David Cobb / ^^^^■"^ 

David Cobb 1802-05 

Harrison Gray Otis 1 805-06 

John Bacon 1806-07 

Samuel Dana 1807-08 

Harrison Gray Otis 1 808- 1 1 

Samuel Dana 1811-13 

John Phillips 1813-23 

Nathaniel Silsbee 1823-26 

John Mills 1826-28 

Sherman Leland 1828-29 



Samuel Lathrop 

Samuel Lathrop, resign 'd 

James Fowler / 

Leverett Saltonstall 

William Thomdike 

Benjamin T. Pickman 

Benjamin T. Pickman, died -> 

George Bliss J 

Horace Mann 

Myron Lawrence 

Daniel P. King 

Josiah Quincy, Jr 

Phineas W. Leland, resign 'd -» 

Frederick Robinson J 

Josiah Quincy, Jr 

Levi Lincoln 

William B. Calhoun 

Zeno Scudder 

Joseph Bell 

Marshall P. Wilder 

Henry Wilson 

Charles H. Warren 

Charles Edward Cook 



* Resigned to serve in Governor's Council, 
t Resigned to serve as Lieutenant-Govemor. 



Organization of the Legislature. 



341 



1869 



Henry W. Benchley 1855 

Elihu C. Baker 1856 

Charles W. Upham 1857-58 

Charles A. Phelps 1859-60 

William Claflin 1861 

John H. Clifford 1862 

Jonathan E. Field 1863-65 

Joseph A. Pond 1866-67 

George O. Brastow ... 1868 

Robert C. Pitman, resign 'd* ^ 

George O. Brastow J 

Horace H. Coolidge 1870-72 

George B. Loring 1873-76 

John B. D. Cogswell 1877-79 

Robert R. Bishop ..... 1880-82 

George Glover Crocker .... 1883 

George A. Bruce 1884 

Albert E. Pillsbury 1885-86 

Halsey J. Boardman 1887-88 

Harris C. Hartwell 1889 

Henry H. Sprague 1890-91 

Alfred S. Pinkerton 1892-93 

William M. Butler 1894-95 

George P. Lawrence 1896-97 

George E. Smith .......... 1898-1900 

Rufus A. Soule . . . .... 1901-02 

George R. Jones . . .... 1903-04 

William F. Dana 1905-06 



William D. Chappie 1907-08 

Allen T. Treadway 1 909- 1 1 

Levi H. Greenwood 1912-13 

Calvin Coolidge 1914-15 

Henry G.Wells 1916-18 

Edwin T. McKnight 191 9-20 

Frank G. Allen t 1921-24 

Wellington Wells 1925-28 

Gaspar G. Bacon 1929-32 

ErlandF. Fish 1933-34 

James G. Moran , 1935-36 

Samuel H. Wragg 1937-38 

Joseph R. Cotton 1939-40 

Angier L. Goodwin J 1941 

Jarvis Hunt§ . 1942-44 

Arthur W. Coolidge 1945-46 

Donald W. Nicholson" 1947 

Harris S. Richardson^] 1948 

Chester A. Dolan, Jr 1949 

Harris S. Richardson 1950 

Richard I. Furbush 1951-56 

Newland H. Holmes 1957-58 

John E. Powers** 1959-64 

Maurice A. Donahue** 1964-70 

Kevin B. Harrington*** .... . 1971-78 

William M. Bulger*** 1978-96 

Thomas F. Birmingham**** . 1996-03 

Robert E. Travaglini+ ....... 2003-07 

Therese Murray^ 2007- 



William Baker, Jr 1780-84 

Samuel Cooper 1785-95 

Edward McLane 1796-99 

Edward Payne Hayman .... 1 800 

George Elliot Vaughan 1801-02 

Wendell Davis 1803-05 

John D. Dunbar 1 806-07 

Nathaniel Coffin 1808-10 

Marcus Morton 1811-12 



Samuel F. McCleary 1813-21 

Samuel F. Lyman 1822 

PaulWillard 1823-29 

Charles Calhoun 1830-42 

Lewis Josselyn 1843 

Charles Calhoun 1844-50 

Chauncy L. Knapp 1851 

Francis H. Underwood 1852 

Charles Calhoun 1853-54 



* Appointed Justice of Superior Court, 
t First year under biennial elections. 

% Resigned Dec. 29, 1941 (elected to Congress). 
§ Elected at Special Session, Jan. 26, 1942. 
° Resigned Nov. 26, 1947 (elected to Congress). 
1 Elected Jan. 7, 1948. 

** Appointed Clerk of the Supreme Judicial Court, March 25, 1964; Mr. Donahue 
elected March 25, 1964. 
*** Resigned July 31, 1978; Mr. Bulger elected July 31, 1978; resigned January 3, 1996. 
**** Elected January 3, 1996. 
+ Resigned March 21, 2007. 

# Elected March 21, 2007. 



342 



Manual for the General Court. 



Peter L. Cox 1855-57 William H. Sanger§ 

Stephen N. Gifford 1858-86 Irving N. Hayden° 

E. Herbert Clapp 1886-88 Thomas A. Chadwick* 

Henry D. Coolidge 1 889- 1 922 Norman L. Pidgeon** 

***Senate Clerk and Parliamentarian, Norman L. Pidgeon, 1972-73. 

Edward B. O'Neill**** .... 1974-98 William F. Welch+ 

Patrick F. Scanlan # 1999-03 



CHAPLAINS. 



Samuel Cooper 

John Clark 

Joseph Eckley 

Samuel Cooper 

Joseph Eckley 

Peter Thacher 

Samuel Stillman 

Jeremy Belknap 

Peter Thacher 

William Emerson 

Thomas Baldwin 

Joseph S. Buckminster . 

Thomas Baldwin 

Joshua Huntington . . . . 

Dr. John Lathrop 

Francis Parkman 

Henry Ware, Jr 

John G. Palfrey 

John Pierpont 

James Walker 

William Jenks 

Daniel Sharp 

Samuel Barrett 

Francis Wayland 

William Jenks 

R. W. Emerson 

Howard Malcolm 



1780 
1781 
1782 
1783 
1784 

1785-89 
1790 
1791 
792-1802 

1803-06 
1807 

1808-10 

1811-12 
1813 

1814-15 

1816-17 
1818 

1819-20 
1821 
1822 
1823 
1824 
1825 
1826 

1827-28 
1829 
1830 



Alonzo Potter 

F. W. P. Greenwood . . 
George W. Blagden . . 
Chandler Robbins . . . 
Hubbard Winslow . . . 
F. W. P. Greenwood . . 
Nehemiah Adams . . . . 

Ralph Sanger ....... 

William M. Rogers . . 

Daniel M. Lord 

Thomas M. Clark, Jr. . 
Joseph H. Towne . . . . 
William M. Rogers . . 

James F. Clarke 

John T. Burrill 

Amos Smith 

Austin Phelps 

C. A. Bartol 

Isaac P. Langworthy . 
James L. T. Coolidge . 

A. L. Stone 

Warren Burton 

J. S. D. Famsworth . . 
A. H. Burlington . . . . 

Lyman Whiting 

Daniel C. Eddy 

John P. Cleveland . . . 



1922-32 
1932-62 
1962-66 
1967-73 



1831 
1832 
1833 
1834 
1835 
1836 
1837 
1838 
1839 
1840 
1841 
1842 
1843 
1844 
1845 
1846 
1847 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 
1857 



§ Elected March 1, 1922, having served as assistant clerk since 1889; retired 
March 12, 1932. 

° Elected March 14, 1932, having served as assistant clerk since 1922; retired Jan. 31, 
1962. 

* Elected Feb. 1, 1962, having served as assistant clerk since 1932; retired Dec. 31, 
1966. 

** Elected Jan. 4, 1967, having served as assistant clerk since 1962. 
*** First person ever appointed Parliamentarian (as well as Clerk) in the history of the 
Commonwealth of Massachusetts. 
**** Elected acting Clerk of Senate, Jan. 2, 1974 to finish the term of Norman L. Pidgeon. 
Elected Clerk of the Senate, Jan. 1, 1975; Died Oct. 4, 1998. 

# Acting Clerk of the Senate, Oct. 5, 1998 to finish the term of Edward B. O'Neill; 
Elected Clerk of the Senate, Jan. 6, 1999; retired Oct. 1, 2003. 

+ Acting Clerk of the Senate, Oct. 1, 2003 to finish the term of Patrick F. Scanlan; 
Elected Clerk of the Senate, Jan. 5, 2004. 



Manual for the General Court. 



343 



Arthur Fuller 1858 

Jacob M. Manning 1859 

Joseph Marsh 1860 

A. S. Patton 1861 

Edward W. Clark 1862-63 

A.A.Miner 1864 

George E. Ellis 1865 

James B. Miles 1866 

Charles E. Reed 1867 

Henry Morgan 1868 

E.N. Kirk 1869 

J. O. Means 1870 

S. W. Foljambe 1871 

Edward Abbott 1872-73 



A. M. Ide 1874 

George F. Warren 1875 

Isaac Dunham 1876-79 

Edmund Dowse* 1880-1904 

Edward A. Horton° 1904-28 

Charles H. MossH .. 1928-30 

Arthur M.Ellis 1931-40 

Arthur W. Olsen 1941-42 

W. Harold Deacon 1943-44 

Frederick M. Eliot 1945-48 

Francis A. Burke 1949-50 

Frederick M. Eliot** 1951-58 

John P. Robertson*** 1958 

Christopher P. Griffin # .... 1959-79 



HOUSE OF DEPUTIES 
(Usually two to five sessions a year.) 



William Hawthorne t 1644-45 

George Cooke 1645 

William Hawthomet 1646 

Robert Bridges 1646 

Joseph Hill 1647 

William Hawthomet 1648 

Richard Russell 1648 

Daniel Denison I 1649 

William Hawthomet 1650 

Daniel Gookin 1651 

Daniel Denison I 1651-52 

Humphrey Atherton 1653 

Richard Russell 1654 

Edward Johnson 1655 

Richard Russell 1656 

William Hawthomet 1657 

Richard Russell 1658 

Thomas Savage 1659-60 

William Hawthomet 1660-61 



Thomas Clarke 1662 

John Leverett 1663-64 

Thomas Clarke 1 665 

Richard Waldron§ 1666-68 

Thomas Clarke 1669-70 

Thomas Savage 1671 

Thomas Clarke 1672 

Richard Waldron§ 1673 

Joshua Hubbard 1673-74 

Richard Waldron§ 1674-75 

Peter Buckley 1675-76 

Thomas Savage 1677-78 

Richard Waldron§ 1679 

John Richards 1679-80 

Daniel Fisher 1680-82 

Elisha Cooke 1683 

JohnWayte 1684 

Isaac Addington ^ . . 1685 

John Saffin * . . 1686 



* Resigned January 13, 1904. 

° Elected January 14, 1904, resigned and chosen Chaplain emeritus February 6, 1928. 

H Elected February 7, 1928. 
** Died February 17, 1958. 
'** Elected to fill vacancy on February 25, 1958. 

# Beginning on January 2, 1980, the Senate has suspended so much of Senate Rule 4 as 
relates to the appointment of a chaplain. 

t Also spelled Hauthome, Hawthome, Hawthom, Hathome. 

X Also spelled Dennison. 

§ Also spelled Waldem, Waldeme. 



344 Organization of the Legislature. 



INTER-CHARTER PERIOD. 

The General Court adjourned May 21, 1686, and did not convene until May or 
June, 1689. 



Thomas Oakes 1689 

John Bowles 1689-90 

PennTownsend 1690-91 



William Bond 1691-92 

PennTownsend 1692 



UNDER THE 



William Bond 1692-93 

Nathaniel Byfield 1693-94 

Nehemiah Jewett 1694-95 

William Bond 1695-96 

PennTownsend 1696-97 

Nathaniel Byfield 1698 

James Converse 1699-1700 

JohnLeverett 1700-01 

Nehemiah Jewett 1701-02 

James Converse 1702-05 

Thomas Oakes 1705-07 

JohnBurrili 1707 

Thomas Oliver 1708-09 

John Clark 1709-11 

JohnBurrili 1711-20 

Elisha Cooke 1720 

Timothy Lindall 1720-21 



CHARTER. 



John Clark 1721-24 

William Dudley 1724-29 

JohnQuincy 1729-41 

William Fairfield 1741 

JohnHobson 1741-42 

Thomas Cushing 1742-46 

Thomas Hutchinson 1746-49 

Joseph Dwight 1749-50 

Thomas Hubbard 1750-59 

Samuel White 1759-60 

James Otis 1760-62 

Timothy Ruggles 1762-64 

Samuel White 1764-66 

Thomas Cushing* 1766-74 

James Warren 1775-78 

John Pickering 1778-79 

John Hancock 1779-80 



HOUSE OF REPRESENTATIVES. 

SPEAKERS UNDER THE CONSTITUTION. 



Caleb Davis, re5/g/7e(i 1780-82 

Nathaniel Gorham 1782-83 

Tristram Dalton 1783-84 

Samuel Allyne Otis 1784-85 

Nathaniel Gorham 1785-86 

ArtemasWard 1786-87 

James Warren 1787-88 

Theodore Sedgwick 1788-89 

David Cobb 1789-93 

Edward H. Robbins 1793-1802 

John Coffin Jones 1802-03 

Harrison Gray Otis 1803-05 



Timothy Bigelow 1805-06 

Perez Morton 1806-08 

Timothy Bigelow 1808-10 

Perez Morton, resigned .... 1810-11 

Joseph Story, resigned 1811-12 

Eleazer W. Ripley 1812 

Timothy Bigelow 1812-20 

Elijah H. Mills, resigned . . . 1820-21 

Josiah Quincy, resigned .... 1821-22 

Luther Lawrence 1 822 

Levi Lincoln 1822-23 

William C. Jarvis 1823-25 



* Son of Thomas Cushing who served in 1742-46. 



Organization of the Legislature. 



345 



Timothy Fuller 1825-26 

William C. Jarvis 1826-28 

William B. Calhoun 1828-34 

Julius Rockwell 1835-37 

Robert C. Winthrop 1838-40 

George Ashmun 1841 

Thomas Kinnicut 1842 

Daniel P. King 1843 

Thomas Kinnicut, resign 'd . 1 844 

Samuel H. Walley, Jr 1 844-46 

Ebenezer Bradbury 1 847 

Francis B. Crowninshield . . . 1848-49 

Ensign H. Kellogg 1850 

Nathaniel P. Banks, Jr 1851-52 

George Bliss 1853 

Otis P. Lord 1854 

Daniel C.Eddy 1855 

Charles A. Phelps 1856-57 

Julius Rockwell 1858 

Charles Hale 1859 

John A. Goodwin 1860-61 

Alexander H. Bullock 1862-65 

James M. Stone 1866-67 

Harvey Jewell 1868-71 

JohnE. Sanford 1872-75 

John D. Long 1876-78 

Levi C. Wade 1879 

Charles J. Noyes 1880-82 

George A. Marden 1883-84 

John Q. A. Brackett 1885-86 

Charles L Noyes 1887-88 

CLERKS, 



William E. Barrett 



1889-93 



George V. L. Meyer 1894-96 

JohnL. Bates 1897-99 

James J. Myers 1900-03 

Louis A. Frothingham 1904-05 

John N.Cole 1906-08 

Joseph Walker 1909-11 

Grafton D. Gushing 1912-14 

ChanningH. Cox 1915-18 

Joseph E. Warner 1919-20 

Benjamin Loring Young* . . . 1921-24 

John C.Hull 1925-28 

Leverett Saltonstall 1929-36 

Horace T. Cahill 1937-38 

Christian A. Herter 1939-42 

Rudolph F. King 1943-44 

Frederick B. Willis t 1945-48 

Thomas P. O'Neill, Jr 1 949-52 

Charles Gibbons 1953-54 

Michael F. Skerry** 1955-57 

John F. Thompson*** 1958-64 

John F. X. DavorenJ 1965-67 

Robert H. Quinn° 1967-69 

David M. Bartley 1969-75 

Thomas W. McGee# . . 1975-85 

George Keverian 1985-90 

Charles F. Flaherty + . . 1991-96 

Thomas M. Finneran## 1996-04 

Salvatore F. DiMasi**** . . . 2004-09 

Robert A. DeLeo ### 2009- 



George Henshaw 

George Richards Minot 

Henry Warren 

Nicholas Tillinghast . . . 
Chs. Pinckney Summer 
Nicholas Tillinghast . . . 
Chs. Pinckney Summer 



1780-81 
1782-91 
1792-1802 
1803-05 
1806-07 
1808-09 
1810-11 



Benjamin Pollard 1812-21 

Pelham W. Warren ... 1822-31 

Luther S. Gushing 1832-43 

Charles W. Storey 1844-50 

Lewis Josselyn 1851-52 

William Schouler 1853 

William Stowe 1854 



* First year under biennial elections, 
t Resigned November 9, 1948. 

** Resigned as Speaker October 14, 1957. 
*** Elected Speaker January 1, 1958. 

t Elected Secretary of the Commonwealth December 20, 1967. 

° Elected Speaker December 20, 1967. Elected Attorney General January 23, 1969. 

• Elected Speaker January 23, 1969. Resigned July 1, 1975. 

# Elected Speaker July 1, 1975. 

+ Elected Speaker January 2, 1991. Resigned April 9, 1996. 
## Elected Speaker April 9, 1996; Resigned as Speaker September 28, 2004; Resigned 
December 31, 2004; January 5, 2005 declined to accept office. 
**** Elected Speaker September 29, 2004; Resigned January 27, 2009. 
### Elected Speaker January 28, 2009 



346 Organization of the Legislature. 



Henry A. Marsh 1855 

William E. P. Haskell 1856 

William Stowe 1857-61 

William S. Robinson 1862-72 

Charles H. Taylor 1873 

George A. Marden 1874-82 

Edward A. McLaughlin 1883-95 

George T. Sleeper 1896 



James W. Kimball 1897-1928 

Frank E. Bridgmanf 1928-39 

Lawrence R. Grove J 1939-61 

William C. Maiers** 1961-68 

Wallace C. Mills+ 1969-82 

Robert E. MacQueen* 1983-98 



Steven T. James*** 



1999- 



Samuel Cooper . . . . 

John Clark 

Joseph Eckley . . . . 
Samuel Cooper . . . . 
Joseph Eckley . . . . 

Peter Thacher 

Samuel Stillman . . . 
Jeremy Belknap . . . 

Peter Thacher 

Samuel Stillman . . . 

Peter Thacher 

Thomas Baldwin . . 
John T. Kirkland . . 
Thomas Baldwin . . 
John T. Kirkland . . 
Thomas Baldwin . . 
Charles Lowell . . . . 

John Lathrop 

Thomas Baldwin . . 

Elijah R. Sabin 

Horace Holly 

Joshua Huntington . 

Samuel Cary 

Samuel C. Thacher . 

Asa Eaton 

Daniel Sharp 



1780 
1781 
1782 
1783 
1784 
785-89 
1790 
1791 
792-93 
794-95 
796-99 
800-01 
1802 
1803 
1804 
805-07 
1808 
1809 
1810 
1811 
1812 
1813 
1814 
1815 
1816 
1817 



Thomas Baldwin . 
William Jenks . . . 
George Ripley . . . 
Henry Ware, Jr. . . 

Joseph Tuckerman 



Ralph W. Emerson . . . . 

Howard Malcolm 

Edward T. Taylor 

George W. Blagden . . . 

Ezra S. Gannett 

Samuel K. Lothrop . . . . 
William M. Rogers . . . 

Baron Stow 

Thomas S. King 

Ephraim Peabody 

George W. Blagden . . . 

Otis A. Skinner 

Joy H. Fairchild 

Benjamin Whittemore . 

Joseph H. Towne 

Robert C. Waterston . . 

Edwin H. Chapin 

Edward N. Kirk 

Frederic D. Huntington 



t Elected April 10, 1928, having served as assistant clerk since 1897; retired March 28, 
1939. 

% Elected March 28, 1939, having served as assistant clerk since 1928; retired May 26, 
1961. 

** Elected May 26, 1961, having served as assistant clerk since 1946. 
+ Elected January 1, 1969, having served as assistant clerk since 1961. 
• Elected Clerk January 5, 1983, having served as assistant clerk since 1969; resigned 
Jan. 6, 1999. 

*** Elected Clerk Jan. 6, 1999; having served as Assistant Clerk since 1997. 

§ There was no choice, and it was ordered, after balloting, that all the settled clergymen of 

Boston be invited by the Speaker to officiate alternately as Chaplain. 
° There was no choice, and it was ordered, after balloting, that the three clergymen having 

the highest votes should act as joint Chaplains. These were Lyman Beecher, Sebastian 

Streeter and Ezra S. Gannett. 



Organization of the Legislature. 347 



Austin Phelps 

Chandler Robbins . . 

William Hague 

William Jenks . . . . , 
Samuel D. Robbins , 
George Richards . . , 

Silas Aiken 

S. Hale Higgins ... 
Rollin H. Neale ... 
Henry V. Degen ... 
George M. Randall . 
Rufus W. Clark ... 
Stephen Lovell .... 

Arthur B. Fuller 

John H. Twombly . 
Abraham D. Merrill 

Daniel Foster 

Warren Burton .... 
Thomas Dodge .... 
Warren Burton .... 
Andrew L. Stone . . 
Phineas Stowe .... 

George S. Ball 

David Brenner .... 
Samuel F. Upham . 



1844 
1845 
1845 
1846 
1846 
1847 
1848 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 
1857 
1858 
1859 
1860 
1861 
1862 
1863 
1864 
1865 



Noah M. Gaylord 

Pliny Wood 

William R. Alger 

Orin T. Walker ........ 

John A. M. Chapman . . . 

Charles C. Sewall 

Warren H. Cudworth . . . 
Robert G. Seymour .... 

Daniel W. Waldron 

William F. Dusseault . . . 
Donald B. Aldrich ..... 

Harry W. Kimball 

Gardiner M. Day 

Abbot Peterson 

Dan Huntington Fenn . . . 

J. Caleb Justice 

Cornelius P. Trowbridge 
Howard P. Horn ....... 

Howard P. Bozarth 

Elmore Brown 

Richard J. Quinlan ..... 

Arthur Joseph Snow .... 

Christopher P. Griffin . . 
George V. Kerr* ....... 

Robert F. Quinn# 



1866 
1867 
1868 
1869 
1870 
1871 
1872 
1873-78 
879-1918 
1919-22 
1923-24 
1925-28 
1929 
1930-32 
1933-36 
1937-38 
1939-42 
1943 
1943-44 
1945-48 
1949-52 
1953-54 
1955-58 
1959-83 
1983- 



SERGEANT-AT-ARMS. t 



Benjamin Stevens 1835-59 

John Morrissey 1859-74 

Oreb F. Mitchell 1875-85 

John G. B. Adams 1886-1900 

Charles G. Davis 1901-03 

David T. Remington 1904-09 

Thomas F. Pedrick 1910-20 

James Beatty 1920 



Charles O. HoltTl 1921-49 

Arthur R. Driscoll * 1 949-62 

Leopold Lepore** 1962-63 

John J. Cavanaugh 1963-75 

Charles M. McGowan***. . . 1976-90 

Michael J. Rea, Jr. § § 1 990-02 

Kevin W. Fitzgerald^^ 2003-07 



SERGEANT-AT-ARMS FOR THE HOUSE. 
Octave O. Desmarais° 1949-52 



t The office of Sergeant-at-Arms was established by law in 1835. Previous to that time Jacob 
Kuhn was Messenger to the General Court fi-om 1786. William Baker preceded him from 
the first session under the Constitution in 1780-81, he having also served in a similar posi- 
tion for many years previously thereto. 

I Resigned March 21, 1949. Mr. Driscoll was elected to fill the vacancy August 31, 1949. 

* Retired March 8, 1962. Mr. Lepore was elected to fill vacancy April 25, 1962. 

** Died May 24, 1963. Mr. Cavanaugh was elected to fill the vacancy November 13, 1963. 
° The office of Sergeant-at-Arms for the House was established by Chapter 806 of the Acts 
of 1949. 

*** Elected January 26, 1976; Retired eff. May 1, 1990. 

• Died January 23, 1983. 

# Appointed to fill vacancy in the office of Chaplain, February 7, 1983. 
§§ Elected November 30, 1990. 

## Resigned April 30, 2007. 



348 Length of Legislative Sessions, Etc. 



Table showing the Length of the Session of the Legislature in 
Each Year since 1832. 



1832 

1833 

1834 

1835* 

1836 

1837 

1838 

1839 

1840 

1841 

1842* 

1843 

1844 

1845 

1846 

1847 

1848* 

1849 

1850 

1851 

1852 

1853 

1854 

1855 

1856 

1857* 



January 4 
2 
1 
7 
6 
4 
3 
2 
1 
6 
5 
4 
3 
1 
7 
6 
5 
3 
2 
2 
7 
5 
4 
3 
1 
7 



Prorogued 

March 24 
28 

April 2 
8 

16 
20 
25 
10 

March 24 
18 
3 
24 
16 
26 

April 16 
16 

May 10 
2 
3 
24 
22 
25 

April 29 
May 21 
June 6 
May 30 



Total 
Days 



92 
92 
102 
107 
113 
99 
84 
72 
58 
80 
74 
85 
100 
111 
127 
120 
122 
146 
137 
142 
116 
138 
158 
144 



* There was an extra session of sixty-two days in 1835, to revise the statutes; one of 
nine days in 1842, to divide the Commonwealth into Congressional Districts; one of three 
days in 1848, to choose electors of President and Vice-President; one of eighteen days in 
1857, to establish districts for the choice of Councillors, Representatives and Senators, one 
of one hundred and thirteen days in 1859, to revise the general statutes; one of fourteen days 
in 1860, to consider the subject of the disease among the cattle of the Commonwealth; one 
of ten days in 1861, to consider the duty of the Commonwealth in relation to public affairs, 
consequent on the Rebellion; one of eight days in 1863, to provide for raising the quota 
under the call of the President of the United States of the 17th of October, 1863, for 
300,000 men; one of thirty days in 1872, to consider what legislation was necessary by 
reason of the great fire in Boston, November 9 and 10; one of ten days in 1881 and one of 
seven days in 1901, to act upon the report of a joint special committee to revise the statutes; 
one of three days in 1916, to legislate for Massachusetts soldiers called to the Mexican border 
and to provide for the reapportionment of Suffolk County into Representative districts; one 
of thirty-six days in 1919, to consider the street railway situation, the compensation of the 
State Guard for special duty in Boston, the appropriations of cities and towns for compen- 
sating school teachers and for other municipal purposes, the recognition of Provincetown 
in the Pilgrim Tercentenary celebration, etc.; one of sixteen days in 1920, to act upon the 
report of a joint special committee to revise the General Laws; one of three hours on 
October 20, 1930, to commemorate the tercentenary of the first General Court held in 



Length of Legislative Sessions, Etc. 



349 



Year 


Convened 


Prorogued 


Total 
Days 


No. of 
Reps. 


1858t 




January 6 


March 


27 


81 


240t 


1859* 




5 


April 


6 


92 




1860* 




4 




4 


92 




1861* 




2 




11 


100 




1862 




\ 




30 


120 




1863* 




7 




29 


1 13 




1864 






May 


14 


130 




1865 




4 




17 


137 




1866 




3 




30 


147 




1867 




2 


June 


1 


150 




1868 




\ 




12 


164 




1869 




5 




24 


170 




1870 




5 




23 


170 




1871 




4 


May 


31 


148 




1872* 




3 




7 


126 




1873 






June 


12 


163 




1874 




7 




30 


175 




1875 




^ 


May 


19 


134 




1876 




5 


April 


28 


115 




1877 




3 


May 


17 


135 




1878 




2 




17 


136 




1879 






April 


30 


120 




1880 




7 




24 


109 




1881* 






May 


13 


129 




1882 




4 




27 


144 




1883 




5 


July 


27 


206 




1884 




2 


June 


4 


155 




1885 




7 




19 


164 




1886 




6 




30 


176 


_ 


1887 




5 




16 


163 




1888 




4 


May 


29 


147 




1889 




2 


June 


7 


157 




1890 




1 


July 


2 


183 




1891 




7 


June 


11 


156 





Massachusetts; one of forty-six days in 1931, to consider changing the law relative to rates 
for compulsory motor vehicle liability insurance; one of twenty-seven days in 1933, to con- 
sider regulation and control of the liquor traffic; one of three days in 1938, to provide ftinds 
for the devastation caused by hurricane and floods; one of six days in 1942, to provide for 
the safety of the Commonwealth during the existence of the war emergency; one of fifteen 
days in 1944, to facilitate voting by citizens in the armed forces, and to issuance of licenses 
based upon safety of places of public assembly; one of six days in 1952 to repeal provisions 
of law providing pensions or retirement allowances for members of the General Court and 
other elected state officials and to revise the laws providing travel and other expenses for 
members and employees of the legislative branch; one of one day in 1954 to provide funds 

t The number of Representatives remained at 240 from 1858 through 1978; the num- 
ber of Representatives beginning in 1979 has been 160. 



350 



Length of Legislative Sessions, Etc. 



Year 


Convened 


Prorogued 


Total 
Days 




Days of 
Sitting 


Senate 


House 




January 6 


June 


17 


163 




1 12 


112 




4 




9 


157 




107 


107 




3 


July 


2 


181 




121 


126 




2 


June 


5 


155 




102 


107 




1 




10 


162 




1 12 


112 




6 




12 


158 




108 


110 




5 




23 


170 




1 15 


120 




4 




3 


151 




104 


104 


1900 


3 


July 


17 


196 




131 


133 


1901* 


2 


June 


19 


169 




1 14 


117 




1 




28 


179 




123 


124 




7 




26 


171 




119 


121 




6 




9 


156 




109 


1 10 


1905 


4 


May 


26 


143 




101 


101 




3 


June 


29 


178 




123 


123 


1907 


2 




28 


178 




125 


125 


1908 


1 




13 


165 




117 


1 19 




6 




19 


165 




1 16 


1 16 


1910 


5 




15 


162 




1 14 


1 14 


1911 


4 


July 


28 


206 




140 


141 


1912 


3 


June 


13 


163 




1 13 


1 12 


1913 


1 




20 


171 




120 


120 




7 


July 


7 


182 




127 


126 


1915 


6 


June 


4 


150 




104 


104 




5 




2 


150 




105 


105 


1917 


3 


May 


26 


144 




101 


101 




2 


June 


3 


153 




107 


107 


1919* 


1 


July 


25 


206 




144 


144 


1920* 


7 


June 


5 


151 




108 


105 


1921 


5 


May 


28 


144 




100 


100 


1922 


4 


June 


13 


161 




110 


111 


1923 


3 


May 


26 


144 




99 


99 


1924 


2 


June 


5 


156 




108 


110 


1925 


7 


May 


2 


116 




79 


81 


1926 


6 




29 


144 




86 


102 


1927 


5 


April 


28 


114 




69 


78 


1928 


4 


July 


25 


204 




105 


124 



for the alleviation of the destruction caused by the hurricane and to revise the law relative 
to the retirement of certain veterans of World War I; and one of three days in 1 960 to con- 
sider the purchase of part of the former Old Colony Railroad right-of-way, the establishment of 
a state medical school, the continuity of terms of chairmen of the commissions on transporta- 
tion and public utilities, the establishment of the salaries of the clerks of the Newton District 
Court and the Second Plymouth District Court and the appropriation of money for the 
urban renewal division; one of one day in 1962 relative to cessation of service by 



Length of Legislative Sessions, Etc. 



351 



Year 


Convened 


Prorogued 


Total 
Days 




Days of 
Sitting 


Senate 


House 


1929 


J anuary 2 


June 


8 


158 




92 


109 


1930* 




May 


29 


149 




89 


107 


1931* 


1 


June 


10 


155 




100 


107 


1932 






7 


154 




92 


106 


1933* 


4 


July 


22 


200 




123 


139 


1934 


3 


June 


30 


179 




114 


122 


1935 


2 


Aug. 


15 


zzo 




124 


126 


1936 


J 


July 


2 


184 




106 


103 


1937 




May 


29 


144 




75 


84 


1938* 




Aug. 


24 






115 


135 


1939t 






12 


22 1 




107 


145 


1941 * 




Nov. 


1 






166 


170 


1943* 




June 


12 


158 




89 


90 


1945 J 


-3 
J 


July 


25 


204 




119 


1 19 




2 


June 


15 


165 




98 


98 


1947 




July 


1 


182 




1 1 1 


109 




7 


June 


19 


165 




97 


96 




5 


Aug. 


31 


239 




140 


152 


1950 






19 


zzo 




135 


136 




3 


Nov. 


17 


319 




179 


189 


1952* 




July 


5 


1 86 




89 


103 


1953 


7 




4 


1 79 




92 


102 


1954* 




June 


11 


1 57 




91 


99 


1955 


5 


Sept. 


16 


255 




141 


158 


1956 




Oct. 


6 


277 




145 


151 


1957 


2 


Sept. 


21 


262 




142 


137 


1958 


1 


Oct. 


17 


290 




162 


159 


1959 


y 


Sept. 


17 


Zj4 




143 


145 


1 960* 


6 


Nov. 


24 


324 




173 


172 


1961 




May 


27 


144 




82 


94 




3 


July 


27 


206 




138 


127 


1 Qf^'X 


2 


Nov." 


16 


319 




181 


182 


1964 


1 


July 


4 


186 




126 


110 


1965** 


6 


Jan. 4, 


'66 


364 




204 


222 


1966* 


5 


Sept. 


7 


246 




136 


136 


1967** 


4 


Jan. 2, 


'68 


364 




197 


200 


1968 


3 


July 


20 


200 




107 


103 


1969 


1 


Aug. 


25 


237 




135 


131 


1970 


7 


Aug. 


25 


237 




135 


127 



the Metropolitan Transit Authority; one of twenty-four days in 1966 relative to mental 
health and mental retardation services, the extension of a runway at Logan Airport and 
establishing home rule procedures for cities and towns; one of six days in 1973 relative to 
the energy crisis; and one of two days in 1978 to consider the removal from office of 



352 



Length of Legislative Sessions, Etc. 



Year 


Convened 


Prorogued 


Total 
Days 




Days of 
Sitting 


Senate 


House 




January 6 


XT,-.,T 1 A 

INOV. lU 


309 




171 


167 




5 


July 9 


187 




105 


103 




3 


jNOV. i\j 


33 1 




180 


179 




z 


Aug. 2 


1 1 




112 


116 




1 


Jan. 6, '76 


371 




158 


191 


1976 


7 


Oct. 14 


282 




106 


128 




5 


Jan. 3, '78 


364 




167 


173 




4 


July 1 2 


190 




96 


83 


1979§ 


3 


Nov. 4 


306 




134 


149 


1980* 


2 


July 5 


186 




72 


88 




7 


Jan. 5, '82 


364 




124 


134 


1982** 


6 


Jan. 2, '83 


364 




156 


139 


1983** 


5 


Jan. 3, '84 


363 




134 


159 


1984** 


4 


Jan. 1, '85 


362 




119 


117 


1985** 


2 


Dec. 31, '85 


364 




136 


142 


1986** 


1 


Jan. 6, '87 


371 




136 


147 


1987 


7 


Jan. 5, '88 


364 




144 


153 


1988 


6 


Nov. 23, OO 


322 




103 


123 


1989** 


4 


Jan. 2, '90 


364 




128 


148 




3 


Jan. 1, '91 


364 




127 


135 


1991** 


2 


Dec. 31, '91 


364 




124 


147 


1992 


1 


Jan. 5, '93 


371 




155 


144 


1993 


6 


Jan. 4, '94 


364 




153 


150 


1994 


5 


Jan. 3, '95 


364 




129 


120 


1995 


4 


Jan. 2, '96 


364 




115 


119 


1996 


3 


Dec. 31, '96 


364 




130 


122 


1997 


1 


Jan. 6, '98 


371 




131 


136 


1998 


7 


Jan. 5, '99 


364 




137 


129 


1999 


6 


Jan. 4 '00 


364 




126 


130 


2000 


5 


Jan. 2 '01 


364 




130 


133 


2001 


3 


Jan. 1 '02 


363 




130 


125 


2002 


2 


Dec. 31 '02 


363 




126 


138 


2003 


1 


Jan. 6 '04 


371 




132 


136 


2004 


7 


Jan. 4 '05 


363 




130 


136 


2005 


5 


Jan. 3 '06 


363 




137 


134 


2006 


4 


Jan. 2 '07 


363 




139 


134 


2007 


3 


Jan. 1 '08 


364 




128 


136 


2008 


2 


Jan. 6 '09 


371 




140 


152 


2009 


7 













Robert M. Bonin, Chief Justice of the Superior Court; one of five days in 1980 for the pur- 
pose of continuing the unfinished Constitutional Convention; one of three days in 1980 to 
consider legislation to permit the continuation of the Massachusetts Bay Transportation 
Authority; and one of six days in 1980 to consider legislation to permit the continuation of 
the Massachusetts Bay Transportation Authority. 

* See note on extra sessions on pages 392-396. 

t First year of biennial session. 

X First year of return to annual sessions. 
** Dissolved under Article X of the Amendments to the Constitution. 

§ First year of 160-member House of Representatives. 



Post Offices in Massachusetts. 



353 



POST OFFICES IN MASSACHUSETTS, 

WITH THE CITIES OR TOWNS AND COUNTIES IN WHICH 
THEY ARE SITUATED 



The spelling of the names of post offices is that established 
by the United States Postal Service.] 

[Post offices marked t are in the Boston Postal Area.] 



POST OFFICES CITIES AND TOWNS COUNTIES 

Abington 02351 Abington .......... Plymouth 

Accord 02018 Hingham Plymouth 

Acton 01720 Acton Middlesex 

Acushnet 02743 Acushnet .......... Bristol 

Adams 01220 Adams ............ Berkshire 

Agawam 01001 Agawam . Hampden 

Airport 02109t Boston ............ Suffolk 

Allerton 02045 Hull . Plymouth 

Allston02134t Boston Suffolk 

Amesbury 01913 Amesbury Essex 

Amherst 01002 Amherst Hampshire 

AndoverOlSlO Andover Essex 

Aquinnah 02535 Aquinnah Dukes 

Arlington 02474 , Arlington .......... Middlesex 

Arlington Heights 02475 Arlington .......... Middlesex 

Ashbumham 01430 Ashbumham Worcester 

Ashby 01431 Ashby Middlesex 

Ashfield 01330 Ashfield Franklin 

Ashland 01721 Ashland Middlesex 

Ashley Falls 01222 Sheffield Berkshire 

Assinippi 02339 Hanover Plymouth 

Assonet 02702 Freetown Bristol 

Assumption College 01609 Worcester Worcester 

Astor02123t Boston Suffolk 

Athol 01331 Athol Worcester 

Attleboro 02703 Attleboro Bristol 



354 



Post Offices in Massachusetts. 



POST OFFICES 

Attleboro Falls 02763 

Auburn 01501 

Aubumdale 02466 

Avon 02322 

Ayer 01432 

Babson Park 02457 

Back Bay Annex 021171 

Baldwinville 01436 

Ballardvale 01810 

Barnstable 02630 

Barre 01005 

Bass River 02664 

Becket 01223 

Bedford 01730 

Belchertown 01007 

Bellingham 02019 

Belmont 02478 

Berkley 02779 

Berkshire 01224 

Berlin 01503 

Bemardston 01337 

Beverly 01915 

Beverly Farms 01915 

Billerica 01821 

Blackstone 01504 

Blandford 01008 

Bolton 01740 

Bondsville 01009 

Boston (Postmaster) 022051 

Boston College 02467 

Boston University 022151 

Bourne 02532 

Boxboro 01719 

Boxford 01921 

Boylston 01505 

Bradford 01835 

Braintree 02184t 

Brant Rock 02020 

Brewster 0263 1 . 

Bridgewater 02324 

Brighton 021351 

Brightwood01107 



CITIES AND TOWNS COUNTIES 

North Attleborough . . . Bristol 

Auburn Worcester 

Newton Middlesex 

Avon Norfolk 

Ayer Middlesex 

Wellesley Norfolk 

Boston Suffolk 

Templeton Worcester 

Andover Essex 

Barnstable Barnstable 

Barre Worcester 

Dennis Barnstable 

Becket Berkshire 

Bedford Middlesex 

Belchertown Hampshire 

Bellingham Norfolk 

Belmont Middlesex 

Berkley Bristol 

Lanesborough Berkshire 

Berlin Worcester 

Bemardston . Franklin 

Beverly Essex 

Beverly Essex 

Billerica Middlesex 

Blackstone Worcester 

Blandford Hampden 

Bolton Worcester 

Palmer Hampden 

Boston Suffolk 

Newton Middlesex 

Boston Suffolk 

Bourne Barnstable 

Boxborough ........ Middlesex 

Boxford ........... Essex 

Boylston Worcester 

Haverhill .......... Essex 

Braintree Norfolk 

Marshfield Plymouth 

Brewster ........... Barnstable 

Bridgewater ........ Plymouth 

Boston . Suffolk 

Springfield ......... Hampden 



Post Offices in Massachusetts. 



355 



POST OFFICES 

Brimfield 01010 

Brockton 02303 

Brookfield 01506 

Brookline 02446 ...... 

Brookline Village 02447 

Bryantville 02327 

Buckland 01338 

Burlington 01803 . 

Buzzards Bay 02532 . . 
Byfield 01922 

Cambridge 021381 

Cambridge A 
(Campt.) 02139t ..... 
Cambridge B 

(N. Cam.) 021401 

Cambridge C 

(E. Cam.) 02141t 

Canton 02021 . 

Carlisle 01741 

Carver 02330 

Cataumet 02534 

Cathedral 02118t . 

Center 02361 .... 

Centerville 02632 

Central Village 02790 . 

Charlemont 01339 

Charles Street 021141 . 
Charlestown02129t .. 

Charlton 01507 

Charlton City 01508 . . . 
Charlton Depot 01509 . 

Chartley 02712 

Chatham 02633 

Chelmsford 01824 

Chelsea 02 150t 

Cherry Valley 01611 .. 

Cheshire 01225 , 

Chester 01011 

Chesterfield 01012 . . . . 
Chestnut Hill 02167 .. . 
Chicopee 01021 



CITIES AND TOWNS COUNTIES 

Brimfield Hampden 

Brockton Plymouth 

Brookfield Worcester 

Brookline Norfolk 

Brookline . Norfolk 

Pembroke Plymouth 

Buckland Franklin 

Burlington ......... Middlesex 

Bourne Barnstable 

Newbury Essex 

Cambridge Middlesex 

Cambridge , Middlesex 

Cambridge Middlesex 

Cambridge ......... Middlesex 

Canton Norfolk 

Carlisle . Middlesex 

Carver Plymouth 

Bourne Barnstable 

Boston Suffolk 

Plymouth Plymouth 

Barnstable Barnstable 

Westport Bristol 

Charlemont Franklin 

Boston Suffolk 

Boston Suffolk 

Charlton Worcester 

Charlton Worcester 

Charlton Worcester 

Norton Bristol 

Chatham Barnstable 

Chelmsford Middlesex 

Chelsea Suffolk 

Leicester Worcester 

Cheshire Berkshire 

Chester Hampden 

Chesterfield Hampshire 

Newton Middlesex 

Chicopee Hampden 



356 



Post Offices in Massachusetts. 



POST OFFICES 

Chicopee Center 01013 . . 

Chilmark 02535 

Clarksburg 01247 

Clinton 01510 

Cochituate 01778 

Cohasset 02025 

Colrain 01340 

Concord 01 742 

Conway 01341 

Cotuit 02635 

Craigville 02636 

Cummaquid 02637 

Cummington 01026 

Cushman 01002 

Cuttyhunk 02713 

Dalton 01226 

Danvers 01923 

Dartmouth 02714 

Dedham 02026 

Deerfield 01342 

Dennis 02638 

Dennis Port 02639 

Dighton 02715 

Division Street 02744 . . . 

Dorchester 021 22t 

Dorchester Center 021241 

Dover 02030 

Dracut 01826 

Drury 01343 

Dudley 01571 

Dudley Hill 01570 

Dunstable 01827 

Duxbury 02332 

East Arlington 02474 . . . . 

East Boston 021281 

East Bridgewater 02333 . . 
East Brookfield 01515 . . . 

East Dedham 02026 

East Dennis 02641 

East Douglas 01516 . 



CITIES AND TOWNS COUNTIES 

Chicopee Hampden 

Aquinnah . Dukes 

North Adams Berkshire 

Clinton Worcester 

Wayland Middlesex 

Cohasset Norfolk 

Colrain Franklin 

Concord Middlesex 

Conway Franklin 

Barnstable Barnstable 

Barnstable Barnstable 

Barnstable Barnstable 

Cummington Hampshire 

Amherst Hampshire 

Gosnold Dukes 

Dalton Berkshire 

Danvers Essex 

Dartmouth Bristol 

Dedham Norfolk 

Deerfield Franklin 

Dennis Barnstable 

Dennis Barnstable 

Dighton Bristol 

New Bedford Bristol 

Boston Suffolk 

Boston Suffolk 

Dover Norfolk 

Dracut Middlesex 

Florida Berkshire 

Dudley Worcester 

Webster Worcester 

Dunstable Middlesex 

Duxbury Plymouth 

Arlington Middlesex 

Boston Suffolk 

East Bridgewater .... Plymouth 

East Brookfield ..... Worcester 

Dedham Norfolk 

Dennis , . Barnstable 

Douglas Worcester 



Post Offices in Massachusetts. 



357 



POST OFFICES 

East Falmouth 02536 . . . 
East Freetown 02717 . . . 

Eastham 02642 

Easthampton 01027 

East Longmeadow 01028 

East Lynn 01904 

East Mansfield 0203 1 . . 
Easton 02334 ......... 

East Orleans 02643 

East Otis 01029 

East Princeton 01517 . . . 
East Sandwich 02537 . . . 

East Taunton 02718 

East Templeton 01438 . . 
East Walpole 02032 . . . . 
East Wareham 02538 . . . 
East Watertown 02472 . . 
East Weymouth 021 89t . 

Edgartown 02539 

Elms College 01013 

Elmwood 02337 

Erving 1 344 , 

Essex 01929 

Essex 021 12t 

Everett 021491 

Fairhaven 02719 

Fall River 02722 

Falmouth 02540 

Fay ville 01745 

Federal 01601 

Feeding Hills 01030 

Fiskdale 01518 

Fitchburg 01420 

Flint 02723 

Florence 01060 

Florida 01247 . 

Forestdale 02644 ...... 

Forest Park 01 108 

Forge Village 01886 ... 

Fort Devens 01433 

Foxboro 02035 



CITIES AND TOWNS COUNTIES 

Falmouth Barnstable 

Freetown Bristol 

Eastham Barnstable 

Easthampton ....... Hampshire 

East Longmeadow . . . Hampden 

Lynn Essex 

Mansfield Bristol 

Easton Bristol 

Orleans , . Barnstable 

Otis Berkshire 

Princeton Worcester 

Sandwich .......... Barnstable 

Taunton Bristol 

Templeton Worcester 

Walpole Norfolk 

Wareham Plymouth 

Watertown Middlesex 

Weymouth Norfolk 

Edgartown Dukes 

Chicopee . Hampden 

East Bridgewater .... Plymouth 

Erving Franklin 

Essex Essex 

Boston Suffolk 

Everett . Middlesex 

Fairhaven Bristol 

Fall River Bristol 

Falmouth .......... Barnstable 

Southborough Worcester 

Worcester .......... Worcester 

Agawam Hampden 

Sturbridge . Worcester 

Fitchburg Worcester 

Fall River .......... Bristol 

Northampton ....... Hampshire 

Florida Berkshire 

Sandwich .......... Barnstable 

Springfield Hampden 

Westford Middlesex 

Ayer . Middlesex 

Foxborough Norfolk 



358 



Post Offices in Massachusetts. 



POST OFFICES 

Framingham 01701 

Framingham Center 01701 

Franklin 02038 

Gardner 01440 

Georgetown 01833 

General Mail Facility 022051 . . . 

Gilbertville 01031 

Glendale 01229 

Gloucester 01930 

Goshen 01032 

Grafton 01519 

Granby 01033 

Graniteville 01886 

Granville 01034 

Great Harrington 01230 

Greenbush 02040 

Greendale 01606 

Greenfield 01301 

Green Harbor 02041 

Greenwood 01880 

Groton 01450 

Grove Hall 0212 If 

Groveland 01834 

Hadley 01035 

Halifax 02338 

Hamilton 01936 

Hampden 01036 

Hancock 01237 

Hanover 02339 

Hanover Street 0211 3t 

HanscomA.F.B, 01731 

Hanson 02341 

Hardwick 01037 

Harvard 01451 

Harvard Square 02 138t 

Harwich 02645 

Harwich Port 02646 

Harwood 01460 

Hatfield 01038 

Hathome 01937 



CITIES AND TOWNS COUNTIES 

Framingham Middlesex 

Framingham Middlesex 

Franklin Norfolk 

Gardner Worcester 

Georgetown Essex 

Boston Suffolk 

Hardwick Worcester 

Stockbridge Berkshire 

Gloucester Essex 

Goshen Hampshire 

Grafton Worcester 

Granby Hampshire 

Westford Middlesex 

Granville Hampden 

Great Barrington .... Berkshire 

Scituate Plymouth 

Worcester Worcester 

Greenfield Franklin 

Marshfield Plymouth 

Wakefield Middlesex 

Groton Middlesex 

Boston Suffolk 

Groveland Essex 

Hadley Hampshire 

Halifax Plymouth 

Hamilton Essex 

Hampden Hampden 

Hancock Berkshire 

Hanover Plymouth 

Boston Suffolk 

Bedford Middlesex 

Hanson Plymouth 

Hardwick Worcester 

Harvard Worcester 

Cambridge Middlesex 

Harwich Barnstable 

Harwich Barnstable 

Littleton Middlesex 

Hatfield Hampshire 

Danvers Essex 



Post Offices in Massachusetts. 



359 



POST OFFICES 

Haverhill 01830 

Hawley 01339 

Haydenville 01039 

Heath 01346 

Highland 01 109 ....... 

Highlands 01851 

Hingham 02043 

Hinsdale 01235 ....... 

Holbrook 02343 ....... 

Holden 01520 

Holland 01521 

Holliston 01746 

Holyoke 01040 

Hopedale 01747 

Hopkinton 01748 ...... 

Housatonic 01236 . . . . . 

Hubbardston 01452 . . . . 

Hudson 01749 ........ 

Hull 02045 

Humarock 02047 

Huntington 01050 ..... 

Hyannis 02601 . . . . 

Hyannis Port 02647 . . . . 
Hyde Park 02 136t 

Incoming Mail Center, 
North 02 150t 

Indian Orchard 01151 .. 

Inman Square 02 139 1 .. 

Internal Revenue Service 
Center 05501 . . . . 

Ipswich 01938 

Islington 02090 

Jamaica Plain 02 130t 

Jefferson 01522 

John Fitzgerald Kennedy 

021141 

John Fitzgerald Kennedy 

Library 02 125 1 

John W. McCormack 

Building 02 108t 



CITIES AND TOWNS COUNTIES 

Haverhill Essex 

Hawley Franklin 

Williamsburg Hampshire 

Heath Franklin 

Springfield ......... Hampden 

Lowell Middlesex 

Hingham Plymouth 

Hinsdale ........... Berkshire 

Holbrook Norfolk 

Holden Worcester 

Holland Hampden 

Holliston Middlesex 

Holyoke Hampden 

Hopedale Worcester 

Hopkinton ......... Middlesex 

Great Barrington .... Berkshire 

Hubbardston Worcester 

Hudson ............ Middlesex 

Hull ...... .... Plymouth 

Scituate Plymouth 

Huntington ......... Hampshire 

Barnstable . Barnstable 

Barnstable Barnstable 

Boston Suffolk 

Chelsea Suffolk 

Springfield Hampden 

Cambridge ......... Middlesex 

Andover Essex 

Ipswich Essex 

Westwood Norfolk 

Boston Suffolk 

Holden . Worcester 

Boston Suffolk 

Boston. Suffolk 

Boston Suffolk 



360 



Post Offices in Massachusetts. 



POST OFFICES 

Kendall Square 021421 . 

Kenmore 02215t 

Kingston 02364 

Lake Pleasant 01347 ... 

Lakeville 02347 

Lancaster 01523 

Lanesboro 01237 

Lanesville 01930 

Lawrence 01842 

Lee 01238 

Leeds 01053 

Leicester 01524 

Lenox 01240 

Lenox Dale 01242 

Leominster 01453 

Leverett 01054 

Leverett Saltonstall State 
Office Building 022021 

Lexington 02473 1 

Leyden 01301 

Lincoln 01773 

Lincoln Center 01773 

Linwood 01525 

Littleton 01460 

Longmeadow 01 106 ... . 

Lowell 01853 

Ludlow 01056 

Lunenburg 01462 

Lynn 01901 

Lynnfield 01940 

Magnolia 01930 

Main Street 02532 

Main Street 01601 

Maiden 021 48 1 

Manchaug 01526 

Manchester 01944 

Manomet 02345 

Mansfield 02048 

Marblehead 01945 

Marion 02738 



CITIES AND TOWNS COUNTIES 

Cambridge Middlesex 

Boston Suffolk 

Kingston Plymouth 

Montague Franklin 

Lakeville Plymouth 

Lancaster Worcester 

Lanesborough Berkshire 

Gloucester Essex 

Lawrence Essex 

Lee Berkshire 

Northampton ....... Hampshire 

Leicester Worcester 

Lenox Berkshire 

Lenox Berkshire 

Leominster Worcester 

Leverett Franklin 

Boston Suffolk 

Lexington Middlesex 

Greenfield Franklin 

Lincoln Middlesex 

Lincoln , Middlesex 

Uxbridge Worcester 

Littleton Middlesex 

Longmeadow Hampden 

Lowell Middlesex 

Ludlow Hampden 

Lunenburg Worcester 

Lynn Essex 

Lynnfield . Essex 

Gloucester Essex 

Bourne . Barnstable 

Worcester Worcester 

Maiden Middlesex 

Sutton Worcester 

Manchester-by-the-Sea. Essex 

Plymouth Plymouth 

Mansfield .......... Bristol 

Marblehead Essex 

Marion Plymouth 



Post Offices in Massachusetts. 



361 



POST OFFICES 

Marlborough 01752 

Marshfield 02050 

Marshfield Hills 02051 .. 
Marstons Mills 02648 . . . 

Mashpee 02649 . , . . 

Mattapan 021261 

Mattapoisett 02739 

Maynard 01754 _ 

Medfield 02052 

Medford02155t 

Medway 02053 

Medway Village 02053 . , 

Melrose 021761 . 

Mendon 01756 

Menemsha 02552 

Merrimac 01860 

Merrimack College 01845 

Methuen 01844 .... 

Middleboro 02346 

Middlefield 01243 

Middleton 01949 ....... 

Milford 01757 

Millbury 01527 ........ 

Millers Falls 01349 

Millis 02054 

Mill River 01244 

Millville 01529 

Milton 02 186t 

Milton Village 02 187t . . 

Minot 02055 

M.I.T. 021391 

Monponsett 02350 . . 

Monroe 01350 

Monroe Bridge 01350 . . 
Monson 01057 ........ 

Montague 01351 

Monterey 01245 .... 

Montgomery 01085 .... 
Monument Beach 02553 
Mount Herman 01354 . . , 
Mount Pleasant 02745 . . 



CITIES AND TOWNS COUNTIES 

Marlborough Middlesex 

Marshfield Plymouth 

Marshfield Plymouth 

Barnstable Barnstable 

Mashpee Barnstable 

Boston Suffolk 

Mattapoisett Plymouth 

Maynard Middlesex 

Medfield Norfolk 

Medford Middlesex 

Medway Norfolk 

Medway . Norfolk 

Melrose Middlesex 

Mendon Worcester 

Aquinnah Dukes 

Merrimac Essex 

North Andover Essex 

Methuen Essex 

Middleborough Plymouth 

Middlefield Hampshire 

Middleton Essex 

Milford Worcester 

Millbury Worcester 

Montague Franklin 

Millis . Norfolk 

New Marlborough . . . Berkshire 

Millville Worcester 

Milton Norfolk 

Milton Norfolk 

Scituate Plymouth 

Cambridge Middlesex 

Hanson Plymouth 

Monroe Franklin 

Monroe Franklin 

Monson Hampden 

Montague Franklin 

Monterey Berkshire 

Montgomery Hampden 

Bourne Barnstable 

Northfield Franklin 

New Bedford Bristol 



362 



Post Offices in Massachusetts. 



POST OFFICES 

Mount Saint James 01610 
Mount Tom 01027 

Nabnasset 01886 

Nahant 01908 

Nantucket 02554 

Natick 01760 

Needham 02492 

Needham Heights 02494 . 

New Ashford 01237 

New Bedford 02740 

New Braintree 01531 

Newbury 01951 

Newburyport 01950 

New Salem 01355 

New Seabury 02649 

Newton 02458 

Newton Center 02459 

Newton Highlands 02461 
Newton Lower Falls 02462 
Newton Upper Falls 02464 

Newtonville 02460 

New Town 02458 

Nonantum 02495 

Noquochoke 02790 

Norfolk 02056 

North 02746 

North Abington 02351 

North Adams 01247 

North Amherst 01059 

Northampton 01060 

North Andover 01 845 

North Attleboro 02760 

North Billerica 01862 

Northborough 01532 

Northbridge 01534 

North Brookfield 01535 . . , 

North Carver 02355 

North Chatham 02650 

North Chelmsford 01863 . 
North Dartmouth 02747 . . 
North Dighton 02764 



CITIES AND TOWNS COUNTIES 

Worcester Worcester 

Easthampton Hampshire 

Westford Middlesex 

Nahant Essex 

Nantucket Nantucket 

Natick Middlesex 

Needham Norfolk 

Needham Norfolk 

New Ashford Berkshire 

New Bedford Bristol 

New Braintree Worcester 

Newbury Essex 

Newburyport Essex 

New Salem Franklin 

Mashpee Barnstable 

Newton Middlesex 

Newton Middlesex 

Newton Middlesex 

Newton Middlesex 

Newton Middlesex 

Newton Middlesex 

Newton Middlesex 

Newton Middlesex 

Westport Bristol 

Norfolk Norfolk 

New Bedford Bristol 

Abington Plymouth 

North Adams Berkshire 

Amherst Hampshire 

Northampton Hampshire 

North Andover Essex 

North Attleborough . .. Bristol 

Billerica Middlesex 

Northborough Worcester 

Northbridge Worcester 

North Brookfield .... Worcester 

Carver Plymouth 

Chatham Barnstable 

Chelmsford Middlesex 

Dartmouth Bristol 

Dighton Bristol 



Post Offices in Massachusetts. 



363 



POST OFFICES 

North Eastham 02651 

Northeastern University 021 ISf . . 

North Easton 02356 

North Egremont 01252 

North Falmouth 02556 . . 

Northfield 01360 

North Grafton 01536 

North Hatfield 01066 ... . . . 

North Marshfield 02059 

North Oxford 01537 

North Pembroke 02358 

North Quincy 02 171 1 

North Reading 01864 

North Scituate 02060 . . 

North Truro 02652 

North Uxbridge 01538 

North Waltham 02454 

North Weymouth 021911 

Norton 02766 . . 

Norwell 02061 

Norwood 02062 

Nutting Lake 01865 .... . . . 

Oak Bluffs 02557 

Oakdale 01539 

Oakham 01068 

Ocean Bluff 02065 

Onset 02558 

Orange 01364 

Orchard Street 02744 

Orleans 02653 

Osterville 02655 

Otis 01253 . 

Otis Air Force Base 02542 ...... 

Oxford 01540 . 

Padanaram Village 02748 

Palmer 01069 

Paxton 01612 

Peabody 01960 

Pelham 01002 

Pembroke 02359 



CITIES AND TOWNS COUNTIES 

Eastham Barnstable 

Boston Suffolk 

Easton Bristol 

Egremont Berkshire 

Falmouth .......... Barnstable 

Northfield Franklin 

Grafton Worcester 

Hatfield Hampshire 

Marshfield Plymouth 

Oxford Worcester 

Pembroke Plymouth 

Quincy Norfolk 

North Reading Middlesex 

Scituate Plymouth 

Truro Barnstable 

Uxbridge Worcester 

Waltham Middlesex 

Weymouth Norfolk 

Norton Bristol 

Norwell Plymouth 

Norwood Norfolk 

Billerica Middlesex 

Oak Bluffs Dukes 

West Boylston Worcester 

Oakham Worcester 

Marshfield Plymouth 

Wareham Plymouth 

Orange Franklin 

New Bedford Bristol 

Orleans Barnstable 

Barnstable Barnstable 

Otis Berkshire 

Bourne Barnstable 

Oxford Worcester 

Dartmouth Bristol 

Palmer Hampden 

Paxton Worcester 

Peabody Essex 

Pelham Hampshire 

Pembroke Plymouth 



364 



Post Offices in Massachusetts. 



POST OFFICES 

Pepperell 01463 

Peru 01235 

Petersham 01366 

PhiUipston 01331 

Pigeon Cove 01966 

Pinehurst 01866 

Pittsfield 01201 

Plainfield 01070 

Plainville 02762 

Plymouth 02360 

Plympton 02367 

Pocasset 02559 

Porter Square 02 140 1 

Prides Crossing 01965 

Princeton 01541 

Provincetown 02657 

Prudential Center 02 1 99t 

Quincy 02269t 

Quinsigamond Village 01607 ... 

Randolph 02368 

Raynham 02767 

Raynham Center 02768 

Reading 01867 

Readville 02137t 

Rehoboth 02769 

Revere 021511 

Richmond 01254 

Riverdale 01930 . . . 

Rochdale 01542 

Rochester 02770 

Rockland 02370 

Rockport 01966 

Roslindale02131t 

Rowe 01367 

Rowley 01969 

Roxbury 02119t 

Roxbury Crossing 021 20t 

Royalston 01368 

Russell 01071 

Rutland 01543 



CITIES AND TOWNS COUNTIES 

Pepperell Middlesex 

Peru Berkshire 

Petersham Worcester 

PhiUipston Worcester 

Rockport Essex 

Billerica Middlesex 

Pittsfield Berkshire 

Plainfield Hampshire 

Plainville Norfolk 

Plymouth Plymouth 

Plympton Plymouth 

Bourne Barnstable 

Cambridge Middlesex 

Beverly Essex 

Princeton Worcester 

Provincetown Barnstable 

Boston Suffolk 

Quincy Norfolk 

Worcester Worcester 

Randolph Norfolk 

Raynham Bristol 

Raynham Bristol 

Reading Middlesex 

Boston Suffolk 

Rehoboth Bristol 

Revere Suffolk 

Richmond Berkshire 

Gloucester Essex 

Leicester Worcester 

Rochester Plymouth 

Rockland Plymouth 

Rockport Essex 

Boston Suffolk 

Rowe Franklin 

Rowley Essex 

Boston Suffolk 

Boston Suffolk 

Royalston . Worcester 

Russell Hampden 

Rutland Worcester 



Post Offices in Massachusetts. 



365 



POST OFFICES 

Sagamore 02561 

Sagamore Beach 02562 . . 

Salem 01970 

Salem State College 01970 

Salisbury 01952 

Salisbury Beach 01952 .. 

Sandisfield 01255 

Sandwich 02563 ....... 

Saugus 01906 

Savoy 01256 

Saxonville 01701 

Scituate 02066 

Seekonk 02771 

Sharon 02067 

Shattuckville 01369 

Shawsheen Village 01810 

Sheffield 01257 

Shelbume Falls 01370 . . . 

Sheldonville 02070 

Sherbom 01770 

Shirley 01464 

Shirley Center 01464 . . . . 

Shrewsbur}/ 01545 

Shutesbury 01072 

Siasconset 02564 

Silver Beach 02565 

Snug Harbor 02332 

Soldiers Field 021 63 1 . . . 

Somerset 02726 

Somerville 02143t 

South 02724 

Southampton 01073 

South Attleboro 02703 . . . 

South Barre 01074 

Southborough 01772 

South Boston 02127t 

Southbridge 01550 

South Carver 02366 . 

South Chatham 02659 . . . 
South Chelmsford 01824 . 
South Dartmouth 02748 . . 



CITIES AND TOWNS COUNTIES 

Bourne Barnstable 

Bourne . Barnstable 

Salem Essex 

Salem Essex 

Salisbury Essex 

Salisbury Essex 

Sandisfield Berkshire 

Sandwich .......... Barnstable 

Saugus Essex 

Savoy Berkshire 

Framingham . Middlesex 

Scituate Plymouth 

Seekonk Bristol 

Sharon Norfolk 

Colrain Franklin 

Andover ........... Essex 

Sheffield Berkshire 

Shelbume Franklin 

Wrentham .......... Norfolk 

Sherbom Middlesex 

Shirley ............ Middlesex 

Shirley ............ Middlesex 

Shrewsbury ......... Worcester 

Shutesbury Franklin 

Nantucket Nantucket 

Falmouth Bamstable 

Duxbury Plymouth 

Boston Suffolk 

Somerset Bristol 

Somerville . Middlesex 

Fall River Bristol 

Southampton Hampshire 

Attleboro .......... Bristol 

Barre Worcester 

Southborough Worcester 

Boston Suffolk 

Southbridge Worcester 

Carver Plymouth 

Chatham Bamstable 

Chelmsford Middlesex 

Dartmouth Bristol 



366 



Post Offices in Massachusetts. 



POST OFFICES 

South Deerfield 01373 

South Dennis 02660 

South Easton 02375 

South Egremont 01258 ... 

Southfield 01259 

South Framingham 01701 . 

South Grafton 01560 

South Hadley 01075 

South Hamilton 01982 

South Harwich 02661 

South Lancaster 01561 ... . 

South Lee 01260 

South Lynnfield 01940 ... 

South Orleans 02662 

South Postal Annex 022051 
South Royalston 01331 ... 

South Walpole 02071 

South Waltham 02454 . . . . 
South Wellfleet 02663 . . . . 
South Weymouth 02190t . . 

Southwick 01077 

South Yarmouth 02664 . . . 

Spencer 01562 

Springfield 01 101 

State House 02133t 

Sterling 01564 

Still River 01467 

Stockbridge 01262 

Stoneham 021801 

Stoughton 02072 

Stow 01775 

Sturbridge 01566 

Sudbury 01776 

Sunderland 01375 

Sutton 01590 

Swampscott 01907 

Swansea 02777 

Taunton 02780 

Teaticket 02536 

Templeton 01468 

Tewksbury 01876 



CITIES AND TOWNS COUNTIES 

Deertleld Franklin 

Dennis Barnstable 

Easton Bristol 

Egremont Berkshire 

New Marlborough . . . Berkshire 

Framingham Middlesex 

Grafton Worcester 

South Hadley . Hampshire 

Hamilton Essex 

Harwich Barnstable 

Lancaster Worcester 

Lee Berkshire 

Lynnfield Essex 

Orleans Barnstable 

Boston Suffolk 

Royalston Worcester 

Walpole Norfolk 

Waltham Middlesex 

Wellfleet . Barnstable 

Weymouth Norfolk 

Southwick Hampden 

Yarmouth .......... Barnstable 

Spencer Worcester 

Springfield Hampden 

Boston Suffolk 

Sterling Worcester 

Harvard Worcester 

Stockbridge Berkshire 

Stoneham Middlesex 

Stoughton Norfolk 

Stow . Middlesex 

Sturbridge , . Worcester 

Sudbury Middlesex 

Sunderland Franklin 

Sutton . Worcester 

Swampscott Essex 

Swansea Bristol 

Taunton Bristol 

Falmouth . Barnstable 

Templeton Worcester 

Tewksbury Middlesex 



Post Offices in Massachusetts. 



367 



POST OFFICES 

Thomas P. O'Neill, Jr., Federal 
Office Building 022221 = 

Thomdike 01079 

Three Rivers 01080 

Tolland 01034. ............... 

Topsfield 01983 

Townsend 01469 

Tremont 021161 

Truro 02666 

Tufts University 02153 t • • 

Turners Falls 01376 

Turnpike 01545 _ . 

Tyngsboro 01879 

Tyringham 01264 , 

Univ. of Massachusetts 01003 . . . 
Univ. of Massachusetts 02125t • . • 

Uphams Comer 021251 .... 

Upton 01568 

Uxbridge 01569 

Village of Nagog Woods 01718 . . 
Vineyard Haven 02568 ........ 

Waban 02468 

Wakefield 01880 

Wales 01081 

Wallis Street 01960 

Walpole 02081 

Waltham 02454 

Waquoit 02536 

Ward Hill 01835 

Ware 01082 

Wareham 02571 . . . . 

Warren 01083 

Warwick 01378 

Watertown 02472 

Waverly 02479 

Wayland 01778 

Webster 01570 

Webster Square 01603 

Wellesley 02481 ......... 

Wellesley Hills 02481 . 



CITIES AND TOWNS COUNTIES 

Boston . Suffolk 

Palmer Hampden 

Palmer Hampden 

Tolland Hampden 

Topsfield Essex 

Townsend Middlesex 

Boston Suffolk 

Truro . Barnstable 

Medford Middlesex 

Montague Franklin 

Shrewsbury ......... Worcester 

Tyngsborough Middlesex 

Tyringham Berkshire 

Amherst Hampshire 

Boston Suffolk 

Boston . Suffolk 

Upton Worcester 

Uxbridge Worcester 

Acton Middlesex 

Tisbury Dukes 

Newton Middlesex 

Wakefield Middlesex 

Wales Hampden 

Peabody Essex 

Walpole Norfolk 

Waltham Middlesex 

Falmouth Barnstable 

Haverhill Essex 

Ware Hampshire 

Wareham Plymouth 

Warren Worcester 

Warwick Franklin 

Watertown ......... Middlesex 

Belmont Middlesex 

Wayland ........... Middlesex 

Webster . Worcester 

Worcester Worcester 

Wellesley Norfolk 

Wellesley Norfolk 



368 



Post Offices in Massachusetts. 



POST OFFICES 

Wellfleet 02667 

Wendell 01379 

Wendell Depot 01380 .. 

Wenham 01984 

West Acton 01720 

West Barnstable 02668 . 

Westborough 01581 

West Boxford 01885 ... 
West Boylston 01583 . . . 
West Bridgewater 02379 
West Brookfield 01585 . 
West Chatham 02669 . . . 
West Chesterfield 01084 

West Chop 02573 

West Concord 01742 . . . 

West Dennis 02670 

West Falmouth 02574 . . 

Westfield 01085 

Westford 01886 

West Groton 01472 

Westhampton 01027 ... 
West Hanover 02339 . . . 
West Harwich 02671 . . . 
West Hatfield 01088 . . . 
West Hyannisport 02672 

West Lynn 01905 

West Medford 021561 . . 

Westminster 01473 

West Newbury 01985 .. 

West Newton 02465 

Weston 02493 

West Otis 01245 

WestoverAFB 01022 .. 
West Peabody 01960 . . . 

Westport 02790 

Westport Point 02791 .. 
West Roxbury 021321 . . 

West Side 01602 

West Somerville 021441 
West Springfield 01089 . 
West Stockbridge 01266 



CITIES AND TOWNS COUNTIES 

Wellfleet Barnstable 

Wendell Franklin 

Wendell Franklin 

Wenham Essex 

Acton Middlesex 

Barnstable Barnstable 

Westborough Worcester 

Boxford Essex 

West Boylston Worcester 

West Bridgewater .... Plymouth 

West Brookfield Worcester 

Chatham Barnstable 

Chesterfield Hampshire 

Vineyard Haven Dukes 

Concord Middlesex 

Dennis Barnstable 

Falmouth Barnstable 

Westfield Hampden 

Westford Middlesex 

Groton Middlesex 

Westhampton Hampshire 

Hanover Plymouth 

Harwich Barnstable 

Hatfield Hampshire 

Barnstable Barnstable 

Lynn Essex 

Medford Middlesex 

Westminster Worcester 

West Newbury Essex 

Newton Middlesex 

Weston Middlesex 

Otis Berkshire 

Chicopee Hampden 

Peabody Essex 

Westport Bristol 

Westport Bristol 

Boston Suffolk 

Worcester Worcester 

Somerville Middlesex 

West Springfield Hampden 

West Stockbridge .... Berkshire 



Post Offices in Massachusetts. 



369 



POST OFFICES 

West Tisbury 02575 

West Townsend 01474 

West Wareham 02576 

West Warren 01092 

Westwood 02090 . 

West Yarmouth 02673 

Weymouth 02188t 

Whately 01093 

Wheelwright 01094 

White Horse Beach 02381 . 
Whitinsville 01588 ...... 

Whitman 02382 . 

Wilbraham 01095 

Wilkinsonville 01590 

Williamsburg 01096 

Williamstown 01267 . . . . . 

Wilmington 01887 . 

Winchendon 01475 ...... 

Winchendon Springs 01477 

Winchester 01890 

Windsor 01270 

Winter Hill 021451 ...... 

Winthrop 02152t 

Wobum 01801 

Wollaston02170t 

Woods Hole 02543 

Woodville 01784 . . 

Worcester 01613 

Woronoco 01097 . 

Worthington 01098 

Wrentham 02093 

Yarmouth Port 02675 



CITIES AND TOWNS COUNTIES 

West Tisbury Dukes 

Townsend , Middlesex 

Wareham Plymouth 

Warren Worcester 

Westwood .......... Norfolk 

Yarmouth Barnstable 

Weymouth Norfolk 

Whately Franklin 

Hardwick Worcester 

Plymouth Plymouth 

Northbridge Worcester 

Whitman Plymouth 

Wilbraham Hampden 

Sutton Worcester 

Williamsburg Hampshire 

Williamstown Berkshire 

Wilmington Middlesex 

Winchendon Worcester 

Winchendon Worcester 

Winchester , . Middlesex 

Windsor Berkshire 

Somerville Middlesex 

Winthrop . Suffolk 

Wobum Middlesex 

Quincy Norfolk 

Falmouth Barnstable 

Hopkinton Middlesex 

Worcester Worcester 

Russell Hampden 

Worthington Hampshire 

Wrentham . Norfolk 

Yarmouth . Barnstable 



370 



County Officers. 



MEDICAL EXAMINERS 

[See Chapter 38 of the General Laws.] 



Office of the Chief Medical Examiner 
Headquarters 
720 Albany Street 
Boston, MA 02118 

(617) 267-6767 
Fax (617) 266-6783 
(800) 962-7877 (within Massachusetts) 

Henry Nields, MD, PhD, Chief Medical Examiner 

Catchment areas: Suffolk County, Norfolk County, Essex County, 
Middlesex County, parts of Worcester County including the 
city of Worcester and towns east. 

District Medical Examiners may be contacted via Headquarters. 

Office of the Chief Medical Examiner 
Southeast Region (800) 222-5999 

James Weiner, M.D., Associate Chief Medical Examiner 

Catchment areas: Barnstable County, Plymouth County, Dukes County, 

Nantucket County. 
District Medical Examiners may be contacted via the Southeast Regional 

Office. 

Office of the Chief Medical Examiner 
Western Region 
1221 Main Street 
Catherine Horan Building 
Suite 115 
Springfield, MA 01109 
(413) 538-6213 
Fax (413) 538-6862 
(800) 445-5889 (within Massachusetts) 

Joann Richmond, M.D., Deputy Chief Medical Examiner 

Catchment areas: Hampden County, Hampshire County, Berkshire 
County, Franklin County, and parts of Worcester County west 
of the city of Worcester. 

District Medical Examiners may be contacted through their regional 
offices. 



THE Judiciary 

AND 

District Attorneys 



Judiciary. 



373 



JUDICIARY. 



Judges of the Superior Court of Judicature of the Province of 
Massachusetts Bay, from 1692 to 1775.* 

CHIEF JUSTICES. 

APPOINTED. LEFT THE BENCH. DIED. 



1692. 


William Stoughton, , , 


1701. 


Resigned. 




1701. 


1701. 


Wait Winthrop, 


1701. 


Resigned. 




1717. 


1702. 


Isaac Addington, .... 


1703. 


Resigned. 




1715. 


1708. 


Wait Winthrop, 


1717. 






1717. 


1718. 


Samuel Sewall, 


1728. 


Resigned. 




1730. 


1729. 


Benjamin Lynde, , . . , 


1745. 






1745. 


1745. 


Paul Dudley, 


1751. 






1751. 


1752. 


Stephen Sewall, 


1760. 






1760. 


1761. 


Thomas Hutchinson, . 


1769. 


Resigned. 




1780. 


1769. 


Benjamin Lynde, , , , , 


1771. 


Resigned. 




1781. 


1772. 


Peter Oliver, 


1775. 


Removed at Revolution. 


1791. 






JUSTICES. 






1692. 


Thomas Danforth 


1699. 






1699. 


1692. 


Wait Winthrop 


1701. 


Resigned. 




1717. 


1692. 


John Richard 


1694. 






1694. 


1692. 


Samuel Sewall 


1728. 


(Appointed C. 


J., 1718.) 


1730. 


1695. 


Elisha Cooke, 


1702. 


Removed. 




1715. 


1700. 


John Walley, 


1712. 






1712. 


1701. 


John Saffm, 


1702. 


Removed. 




1710. 


1702. 


John Hathome, 


1712. 


Resigned. 




1717. 


1702. 


John Leverett, 


1708. 


Resigned. 




1724. 


1708. 


Jonathan Curwin, .... 


1715. 


Resigned. 




1718. 


1712. 


Benjamin Lynde, , , , , 


1745. 


(Appointed C. 


J., 1729.) 


1745. 


1712. 


Nathaniel Thomas, , , , 


1718. 


Resigned. 




1718. 


1715. 


Addington Davenport, 


1736. 






1736. 


1718. 


Paul Dudley, 


1751. 


(Appointed C. 


J., 1745.) 


1751. 


1718. 


Edmund Quincy, .... 


1737. 






1737. 


1728. 


John Cushing, 


1733. 


Removed. 




1737. 


1733. 


Jonathan Remington, . 


1745. 






1745. 


1736. 


Richard Saltonstall, , . 


1756. 






1756. 


1737. 


Thomas Greaves, , , 


1738. 


Resigned. 




1747. 



* The judges died in office, except where otherwise stated. See "Sketches of the 
Judicial History of Massachusetts," by Emory Washburn, 1840, p. 241. 



374 



Judiciary. 



APPOINTED LEFT THE BENCH. 


DIED. 


1739. 


Stephen Sewall, 


1760. 


(Appointed G. J., 1752.) 


1760. 


1745. 


Nathaniel Hubbard, 


1746. 


Resigned. 


1748. 


1745. 


Benjamin Lynde, 


1771. 


(Appointed G. J., 1769.) 


1781. 


1747. 


John Gushing, 


1771. 


Resigned. 


1778. 


1752. 


Chambers Russell, 


1766. 




1766. 


1756. 


Peter Oliver, 


1775. 


(Appointed G. J., 1772.) 


1791. 


1767. 


Edmund Trowbridge, 


1775. 


Resigned. 


1793. 


1771. 


Foster Hutchinson, 


1775. 


Removed at Revolution. 


1799. 


1772. 


Nathaniel Ropes, 


1774. 




1774. 


1772. 


William Gushing, 


1775. 


Removed at Revolution. 


1810. 


1774. 


William Browne, 


1775. 


Removed at Revolution. 


1802. 




Justices of the Superior Court of Judicature and the 






Supreme Judicial Court of Massachusetts since the Revolution. 






The latter was established July 3, 1 782. 






GHIEF 


JUSTICES. 




APPOINTED. LEFT THE BENCH. 


DIED. 


1775. 


John Adams, 


1776. 


Resigned. * 


1826. 


1777. 


William Gushing, 


1789. 


Resigned.! 


1810. 


1790. 


Nathaniel Peaslee Sargent, . . 


1791. 




1791. 


1791. 


Francis Dana, 


1806. 


Resigned. 


1811. 


1806. 


Theophilus Parsons, 


1813. 




1813. 


1814. 


Samuel Sewall, 


1814. 




1814. 


1814. 


Isaac Parker, 


1830. 




1830. 


1830. 


Lemuel Shaw, 


1860. 


Resigned. 


1861. 


1860. 


George Tyler Bigelow, 


1868. 


Resigned. 


1878. 


1868. 


Reuben Atwater Ghapman, . 


1873. 




1873. 


1873. 


Horace Gray, J 


1882. 




1902. 


1882. 


Marcus Morton, 


1890. 


Resigned. 


1891. 


1890. 


Walbridge Abner Field, . . . . 


1899. 




1899. 


1899. 


Oliver Wendell Holmes, § . . 


1902. 




1935. 


1902. 


Marcus Perrin Knowlton, . . . 


1911. 


Resigned. 


1918. 


1911. 


Arthur Prentice Rugg, 


1938. 




1938. 



* Mr. Adams never took his seat on the bench. 

t Chief Justice Gushing resigned on being appointed one of the Justices of the Supreme 
Court of the United States. 

% Chief Justice Gray vacated his office by accepting an appointment as one of the 
Justices of the Supreme Court of the United States. 

§ Chief Justice Holmes vacated his office by accepting an appointment as one of the 
Justices of the Supreme Court of the United States. 



Judiciary. 375 

APPOINTED. LEFT THE BENCH. DIED. 



1938. 


Fred T3.rbell Field 


1947. 


Resigned. 


1950. 


1947. 


Stanley Elroy Qua, 


1956. 


Resigned. 


1965. 


1956. 


Raymond Sanger Wilkins, . . 


1970. 


Resigned. 


1971. 


1970. 


G. Joseph Tauro, 


1976. 


Retired. 


1994. 


1976. 


Edward F. Hennessey, 


1989. 


Retired. 




1989. 


Paul J. Liacos, 


1996. 


Retired. 


1999. 


1996. 


Herbert P. Wilkins, 


1999. 


Retired. 




1999. 


Margaret H. Marshall. 










JUSTICES. 




APPOINTED. LEFT THE BENCH. 


DIED. 


1775. 


William Gushing, 


1789. 


(Appointed G. J., 1777.) 


1810. 


1775. 


Nathaniel Peaslee Sargent, . . 


1791. 


(Appointed G. J., 1790.) 


1791. 


1775. 


William Reed, 


1776. 


Superseded. 


1780. 


1776. 


Jedediah Foster, 


1779. 




1779. 


1776. 


James Sullivan, . . 


1782. 


Resigned. 


1808. 


1777. 


David Sewall, 


1789. 


Resigned. * 


1825. 


1782. 


Increase Sumner, 


1797. 


Res. to become Gov'r. 


1799. 


1785. 


Francis Dana, 


1806. 


(Appointed G. J., 1791.) 


1811 


1790. 


Robert Treat Paine, 


1804. 


Resigned. 


1814. 


1790. 


Nathan Gushing, 


1800. 


Resigned. 


1812. 


1792. 


Thomas Dawes, 


1802. 


Resigned. 


1825. 


1797. 


Theophilus Bradbury, ...... 


1803. 


Removed.! 


1803. 


1800. 


Samuel Sewall, 


1814. 


(Appointed G. J., 1814.) 


1814. 


1801. 


Simeon Strong, 


1805. 




1805. 


1801. 


George Thacher, 


1824. 


Resigned. 


1824 


1802. 


Theodore Sedgwick, 


1813. 




1813 


1806. 


Isaac Parker, 


1830. 


(Appointed G. J., 1814.) 


1830 


1813. 


Gharles Jackson, 


1823. 


Resigned. 


1855. 


1814. 


Daniel Dewey, 


1815. 




1 O 1 


1814. 


Samuel Putnam, 


1842. 


Resigned. 


1853 


1815. 


Samuel Sumner Wilde, . . . . 


1850. 


Resigned. 


1855. 


1824. 


Levi Lincoln, 


1825. 


Res. to become Gov'r. 


1 8^8 
1 oOo. 


1825. 


Marcus Morton, 


1840. 


Res. to become Gov'r. 


1864. 


1837. 


Gharles Augustus Dewey, . . 


1866. 




1866. 


1842. 


Samuel Hubbard, 


1847. 




1847. 


1848. 


Gharles Edward Forbes, . . . . 


1848. 


Resigned. 


1881. 


1848. 


Theron Metcalf, 


1865. 


Resigned. 


1875. 


1848. 


Richard Fletcher, 


1853. 


Resigned. 


1869. 


1850. 


George Tyler Bigelow, .... 


1868. 


(Appointed G. J., 1860.) 


1878. 



* Mr. Justice Sewall resigned on being appointed Judge of the United States District 
Court for the District of Maine. 

t Mr. Justice Bradbury was removed on account of physical disability. 



376 



Judiciary, 



APPOINTED. LEFT THE BENCH. 


DIED. 


1852. 


Caleb Cushing 


1853. 


Resigned. J 


1879. 


1853. 


Benjamin Franklin Thomas, . 


1859. 


Resigned. 


1 878 
lo /o. 


1853. 


Pliny Merrick 


1864. 


Resigned. 


1867. 


1859. 


Ebenezer Rockwood Hoar 


1869. 


Resigned. * 


1 oyj. 


1860. 


Reuben Atwater Chapman, . 


1873. 


(Appointed C. J., 1868.) 


1 o / J. 


1864. 


Horace Gray, Jr., 


1882. 


(Appointed C. J., 1873.) 


1902. 


1865. 


James Denison Colt 


1866. 


Resigned. 


1881. 


1866. 


Dwight Foster, 


1869. 


Resigned. 


1884. 


1866. 


John Wells, 


1875. 




1875 


1868. 


James Denison Colt, ....... 


1881. 




1881. 


1869. 


Seth Ames, 


1881. 


Resigned. 


1881. 


1869. 


Marcus Morton 


1890. 


(Appointed C. J., 1882.) 


1891. 


1873. 


Wm. Crowninshield Endicott 


1882. 


Resigned. 


1 000 


1873. 


Charles Devens Jr 


1877. 


Resigned. "1" 


1 8Q1 


1875. 


Otis Phillips Lord 


1882. 


Resigned. 


1884. 


1877. 


Augustus Lord Soule 


1881. 


Resigned. 


1 887 


1881. 


Walbridge Abner Field, 


1899. 


(Appointed C. J., 1890.) 


1899 


1881. 


Charles Devens f 


1891. 




1891. 


1881. 


William Allen 


1891. 




1891. 


1882. 


Charles Allen, 


1898. 


Resigned. 


1913. 


1882. 


Waldo Colbum 


1885. 




1885. 


1882. 


Oliver W endell Holmes 


1902. 


(Appointed C. J., 1899.) 


1 0"?^ 
lyjj. 


1885. 


W^illiam Sewall Gardner 


1887. 


Resigned. 


1888 


1887. 


Marcus Perrin Knowlton, 


1911. 


(Appointed C. J., 1902.) 


1918 


1890. 


James Madison Morton 


1913. 


Resigned. 


1923. 


1891. 


John Lathrop 


1906. 


Resigned. 


1910. 


1891. 


James Madison Barker 


1905. 




1905. 


1898. 


John Wilkes Hammond 


1914. 


Resigned. 


1922. 


1899. 


William Caleb Loring 


1919. 


Resigned. 




1902. 


Henry King Braley 


1929. 




1090 


1905. 


Henry Newton Sheldon, .... 


1915. 


Resigned. 


1 09^ 


1906. 


Arthur Prentice Rugg, 


1938. 


(Appointed C. J., 1911.) 


1938. 


1911. 


Charles Ambrose DeCourcy, 


1924. 




1924. 


1913. 


John Crawford Crosby, .... 


1937. 




1943. 


1914. 


Edward Peter Pierce, 


1937. 




1938. 


1915. 


James Bernard Carroll, 


1932. 




1932. 


1919. 


Charles Francis Jenney, 


1923. 




1923. 



* Mr. Justice Hoar resigned on being appointed to the office of Attorney-General of the 
United States. 

t Mr. Justice Devens resigned on being appointed to the office of Attorney-General of 
the United States, and was reappointed to the Supreme Bench in 1881. 

X Mr. Justice Cushing resigned on being appointed to the office of Attorney-General of 
the United States. 





Judiciary. 




377 


APPOINTED. LEFT THE BENCH. 


DIED. 


1923. 


William Gushing Wait, .... 


1934. 




1935. 


1924. 


George Augustus Sanderson, 


1932. 




1 on 


1929. 


Fred Tarbell Field, 


1947. 


(Appointed G. J., 1938.) 




1932. 


Gharles Henry Donahue, . . . 




Resigned. 


lyDZ. 


1932. 


Henry Tilton Lummus, 


1955. 


Resigned. 


1960. 


1934. 


Stanley Elroy Qua, 


1956. 


(Appointed G. J., 1947.) 


1965. 


1937. 


Arthur Walter Dolan, , 


1949. 


Resigned. 


1949. 


1937. 


Louis Sherburne Gox, ..... 


1944. 


Retired. 


1 

1 yoi . 


1938. 


James Joseph Ronan, 


1959. 


Retired. 


1960. 


1944. 


Raymond Sanger Wilkins, . . 


1970. 


(Appointed G. J., 1956.) 


1971. 


1944. 


John Vamum Spalding, .... 


1971. 


Retired. 


1981. 


1947. 


Harold Putnam Williams, . . . 


1962. 


Resigned. 


1965. 


1949. 


Edward A. Gounihan, Jr., . . . 


1960. 


Retired. 


1961. 


1955. 


Arthur E. Whittemore, ..... 


1969. 




1969. 


1956. 


R. Ammi Gutter, 


1972. 


Retired. 


1993. 


1960. 


Paul G. Kirk, 


1971. 


Retired. 


1981. 


1961. 


Jacob J. Spiegel, 


1972. 


Retired. 


1984. 


1962. 


Paul Gashman Reardon, .... 


1977. 


Retired. 




1969. 


Francis J. Quirico, ........ 


198L 


Retired. 


1999. 


1970. 


G. Joseph Tauro, . 


1976. 


(Appointed G. J., 1970.) 


1994. 


1971. 


Robert Braucher, ......... 


1981. 




1 OQ 1 


1971. 


Edward F. Hennessey, 


1989. 


(Appointed G. J., 1976.) 




1972. 


Benjamin Kaplan, 


1981. 


Retired. 




1972. 


Herbert P. Wilkins, 


1999. 


(Appointed G. J., 1996.) 




1976. 


Paul J. Liacos, 


1996. 


(Appointed G. J., 1989.) 


1999. 


1977. 


Ruth I. Abrams,. .......... 


2000. 


Retired. 




1981. 


Joseph R. Nolan, 


1995. 


Retired. 




1981. 


Neil L. Lynch 


2000. 


Retired. 




1981. 


Francis P. O'Gonnor, 


1997. 


Retired. 




1989. 


John M. Greaney. 










Gharles Fried, 


1999. 


Resigned. 




1996. 


Margaret H. Marshall, 




(Appointed G.J., 1999) 




1997. 


Roderick L. Ireland. 








1999. 


Francis X. Spina. 








1999. 


Judith A. Gowin. 








2000. 


Martha B. Sosman. 








2000. 


Robert J. Gordy. 









378 



Judiciary. 



Justices of the Appeals Court since its Establishment in 1972. 
CHIEF JUSTICES. 

APPOINTED. LEFT THE BENCH. DIED. 



1972. 


Allan M.Hale, 


1984. 


Retired. 1997. 


1984. 


John M. Greaney, 


1989. 


(App'd to Sup. Jud. Ct., 1989.) 


1989. 


Joseph P. Warner, 


2000. 


Retired. 2002. 


2000. 


Christopher J. Armstrong 








ASSOCIATE JUSTICES. 


APPOINTED. 


LEFT THE BENCH. DIED. 


1972. 


David A. Rose, 


1976. 


Retired. 1995. 


1972. 


Edmund V. Keville, . . , 


1979. 


Retired. 


1972. 


Reuben Goodman, . , , , 


1982. 


1982. 


1972. 


Donald R. Grant, 


1988. 


Retired. 


1972. 


Christopher J. Armstrong 




(Ap'd C.J., 2000) 


1976. 


Frederick L. Brown. 






1978. 


John M. Greaney, 


1989. 


(Ap'd S.J.C., 1989.) 


1978. 


Charlotte Anne Peretta. 






1979. 


Ray a S. Dreben, 


1997. 


Retired. 


1979. 


Rudolph Kass, 


2000. 


Retired. 


1980. 


Joseph R. Nolan, 


1981. 


(Ap'd Sup. Jud. Ct., 1981.) 


1981. 


Kent B. Smith, 


1997. 


Retired. 


1982. 


Joseph P. Warner, 


2000. 


Retired. (Ap'd C. J., 1989) 2002. 


1984. 


Edith W. Fine, 


1995. 


Retired. 1995. 


1989. 


George Jacobs. 






1990. 


Gerald Gillerman, .... 


1994. 


Retired. 


1990. 


Elizabeth A. Porada. 






1990. 


Roderick L. Ireland, . , , 


1997. 


(App'd. to Sup. Jud. Ct., 1997.) 


1990. 


Mel L. Greenberg. 






1990. 


Kenneth Laurence. 






1995. 


J. Harold Flannery, . , , , 


1998. 


1998. 


1995. 


Barbara A. Lenk. 






1997. 


Francis X. Spina, 


1999. 


(App'd to Sup. Jud. Ct., 1999) 


1997. 


Susan S. Beck. 






1998. 


Phillip Rapoza. 






1999. 


Andre A. Gelinas. 






2000. 


Femande R.V. Duffly. 






2000. 


Elspeth B. Cypher. 






2001. 


John H. Mason. 






2001. 


Joseph A. Grasso, Jr. 






2001. 


R. Marc Kantrowitz. 






2001. 


William I. Cowin. 







Judiciary. 379 



APPOINTED. LEFT THE BENCH. DIED. 

2001. Janis M. Berry. 

2001. Gordon L. Doerfer. 

2001. James F. McHugh. 

2001. Scott L. Kafker. 

2001. Cynthia J. Cohen. 

2001. David A. Mills. 

2001. Mark V.Green. 

200 1 . Joseph A. Trainor. 



Justices of the Court of Common Pleas, from its Establishment 
in 1820 until its Abolition in 1859. 

CHIEF JUSTICES. 

APPOINTED. LEFT THE BENCH. DIED. 



1820. 


Artemas Ward, 


1839. 


Resigned. 


1847. 


1839. 


John Mason Williams, ..... 


1844. 


Resigned. 


1868. 


1844. 


Daniel Wells, 


1854. 




1854. 


1854. 


Edward Mellen, 


1859. 




1875. 




JUSTICES. 




APPOINTED. LEFT THE BENCH. 


DIED. 


1820. 


Solomon Strong, . .... 


1842. 


Resigned. 


1850. 


1820. 


John Mason Williams, ..... 


1844. 


(Appointed C. J., 1839.) 


1868. 


1820. 


Samuel Howe, 


1828. 




1828. 


1828. 


David Cummins, 


1844. 


Resigned. 


1855. 


1839. 


Charles Henry Warren, .... 


1844. 


Resigned. 


1874. 


1842. 


Charles Allen, 


1844. 


Resigned. 


1869. 


1843. 


Pliny Merrick, 


1848. 


Resigned. 


1867. 


1844. 


Joshua Holyoke Ward, 


1848. 




1848. 


1844. 


Emory Washburn, 


1847. 


Resigned. 


1877. 


1844. 


Luther Steams Gushing, .... 


1848. 


Resigned. 


1856. 


1845. 


Harrison Gray Otis Colby, . . 


1847. 


Resigned. 


1853. 


11847. 


Charles Edward Forbes, .... 


1848. 


App'd to Sup. Jud. Ct. 


1881. 


|l847. 


Edward Mellen, 


1859. 


(Appointed C. J., 1854.) 


1875. 


11848. 


George Tyler Bigelow, 


1850. 


App'd to Sup. Jud. Ct. 


1878. 


;1848. 


Jonathan Cogswell Perkins, . 


1859. 




1877. 


1848. 


Horatio Byington, ........ 


1856. 




1856. 


1848. 


Thomas Hopkinson, 


1849. 


Resigned. 


1856. 


1849. 


Ebenezer Rockwood Hoar, . 


1855. 


Resigned. 


1895. 


1850. 


Pliny Merrick, 


1853. 


App'd to Sup. Jud. Ct. 


1867. 


!l851. 


Henry Walker Bishop, ..... 


1859. 




1871. 


1853. 


George Nixon Briggs, 


1859. 




1861. 



380 



Judiciary. 



APPOINTED. LEFT THE BENCH. DIED. 



1854. 


George Partridge Sanger, . . . 


1859. 




1890. 


1855. 


Henry Morris, 


1859. 




1 ooo. 


1856. 


David Aiken, 


1859. 




1895. 




Justices of the Superior Court for the County of Suffolk from its 






Establishment in 1855 until its Abolition in 1859. 






CHIEF 


JUSTICES. 




APPOINTED. LEFT THE BENCH. 


DIED. 


1855. 


Albert Hobart Nelson, 


1857. 




1858. 


1858. 


Charles Allen,* 


1859. 




1869. 




JUSTICES. 




1855. 


Josiah Gardner Abbot, 


1858. 




1891. 


1855. 


Charles Phelps Huntington, . 


1859. 




1 8^8 

1 OOo. 


1855. 


Stephen Gordon Nash, . . . . . 


1859. 




1894. 


1858. 


Marcus Morton, f 


1859. 




1891. 




Justices of the Superior Court since its Establishment in 1859. 






CHIEF 


JUSTICES. 




APPOINTED. LEFT THE BENCH. 




1859. 


Charles Allen, 


1867. 


Resigned. 


looy. 


1867. 


Seth Ames, 


1869. 


App'd to Sup. Jud. Ct. 


1 CC 1 

loot. 


1869. 


Lincoln Flagg Brigham, . . . . 


1890. 


Resigned. 




1890. 


Albert Mason, 


1905. 




1 on^ 


1905. 


John Adams Aiken, ....... 


1922. 


Resigned. 


1927. 


1922. 


Waher Periey Hall, 


1937. 


Resigned. 


1942. 


1937. 


John Patrick Higgins, 


1955. 




1955. 


1955. 


Paul Cashman Reardon, . . . . 


1962. 


App'd to Sup. Jud. Ct. 


1988. 


1962. 


G. Joseph Tauro, 


1970. 


App'd C. J., Sup. Jud. Ct. 


1994. 


1970. 


Walter H. McLaughlin,** .. 


1977. 


Retired. 


1995. 


1977. 


Robert M. Bonin, 


1978. 


Resigned. 





* In 1859 Charles Allen became the first Chief Justice of the Superior Court of the 
Commonwealth. 

t In 1859 Marcus Morton became one of the Associate Justices of the Superior Court 
of the Commonwealth. 

** In 1977 Chief Justice Walter H. McLaughlin was compelled to retire once he 
reached the mandatory retirement age of 70. 

*** Under the provisions of Chapter 478 of the Acts of 1978 (Judicial Reform Act) the 
term of the office for the Chief Justice of the Superior Court is five years. After a term has been 
completed, the former chief justice reverts to being an associate justice of the Superior Court. 



Judiciary. 



381 



APPOINTED. LEFT THE BENCH. DIED. 

1978. James P. Lynch, Jr.,*** .... 1983.(see footnote on previous page) 

1983. Thomas R. Morse, Jr., 1988. Retired. 1991. 

1988. Robert L. Steadman, 1993. Retired. 

1993. John J. Irwin, Jr., 1998. (App'd. C.A.J. Trial Court). 

1994. Robert A. Mulligan,* **(see footnote on previous page) 

1999. Suzanne V. DelVecchio. 



JUSTICES. 



APPOINTED. LEFT THE BENCH. 


DIED 


1859. 


Julius Rockwell, 


1886. 


Resigned. 


1888. 


1859. 


Otis Phillips Lord, 


1875. 


App'd to Sup. Jud. Ct. 


1884. 


1859. 


Marcus Morton, 


1869. 


App'd to Sup. Jud. Ct. 


1891. 


1859. 


Seth Ames, , 


1869. 


(Appointed C. L, 1867.) 


1881. 


1859. 


Ezra Wilkinson, 


1882. 




1882. 


1859. 


Henry Vose, 


1869. 




1869. 


1859. 


Thomas Russell, 


1867. 


Resigned. 


1887. 


1859. 


John Phelps Putnam, 


1882. 




1882. 


1859. 


Lincoln Flagg Brigham, . . . . 


1890. 


(Appointed C. L, 1869.) 


1895. 


1867. 


Chester Isham Reed, ...... 


1871. 


Resigned. 


1873. 


1867. 


Charles Devens, Jr., ....... 


1873. 


App'd to Sup. Jud. Ct. 


1891. 


1869. 


Henry Austin Scudder, . . . . . 


1872. 


Resigned. 


1895. 


1869. 


Francis Henshaw Dewey, . . . 


1881. 


Resigned. 


1887. 


1869. 


Robert Carter Pitman, . . . . . 


1891. 




1891. 


1871. 


John William Bacon, 


1888. 




1888. 


1871. 


William Allen, 


1881. 


App'd to Sup. Jud. Ct. 


1891. 


1873. 


Peleg Emory Aldrich, 


1895. 




1895. 


1875. 


Waldo Colbum, 


1882. 


App'd to Sup. Jud. Ct. 


1885. 


1875. 


William Sewall Gardner, . . . 


1885. 


App'd to Sup. Jud. Ct. 


1888. 


1881. 


Hamilton Barclay Staples, . . 


1891. 




1891. 


1881. 


Marcus Perrin Knowlton, . . . 


1887. 


App'd to Sup. Jud. Ct. 


1918. 


1882. 


Caleb Blodgett, 


1900. 


Resigned. 


1901. 


1882. 


Albert Mason, 


1905. 


(Appointed C. J., 1890.) 


1905. 


il882. 


James Madison Barker, . . . . 


1891. 


App'd to Sup. Jud. Ct. 


1905. 


1885. 


Charles Perkins Thompson, . 


1894. 




1894. 


1886. 


John Wilkes Hammond, . . . . 


1898. 


App'd to Sup. Jud. Ct. 


1922. 


1886. 


Justin Dewey, 


1900. 




1900. 


1887. 


Edgar Jay Sherman, 


1911. 


Retired. 


1914. 


1888. 


John Lathrop, . . 


1891. 


App'd to Sup. Jud. Ct. 


1910. 


1888. 


James Robert Dunbar, 


1898. 


Resigned. 


1915. 


1888. 


Robert Roberts Bishop, . . . . 


1909. 




1909. 


1890. 


Daniel Webster Bond, 


1911. 




1911. 


1891. 


Henry King Braley, 


1902. 


App'd to Sup. Jud. Ct. 


1929. 


1891. 


John Hopkins, 


1902. 




1902. 



382 



Judiciary. 



APPOINTED. LEFT THE BENCH. 


DIED. 


1 8Q1 


Elisha Burr Maynard, 


1906. 




1906. 


1891. 


Franklin Goodridge Fessenden, 1922. 


• 

KesigneQ. 


1931. 


1892. 


John William Corcoran, .... 


1893. 


Resigned. 


1904. 


1 8Q9 


James Bailey Richardson, . . 


191 1. 




1911. 


1893. 


Charles Sumner Lilley, .... 


1900. 


A 

Kesigned. 


1931. 


1 8Qd 


Henry Newton Sheldon, .... 


1905. 


/\pp Q lO oUp. JUQ. \^\. 


1925. 


1 


Francis Almon Gaskill, .... 


1909. 




1909. 


1 070. 


John Henry Hardy, 


1917. 




1917. 


1 QQA 


Henry Wardwell, 


1898. 


Resigned. 


1922. 


1898 


William Bumham Stevens, . 


1917. 


Resigned. 


1931. 


1 oyo. 


Charles Upham Bell, 


1917. 


Resigned. 


1922. 


1 CQC 


John Adams Aiken, 


1922. 


(Appomted c J., lyuj.) 


1927. 


1 000 


Frederick Lawton, 


1926. 


Resigned. 


1941. 


1 QOO 


Edward Peter Pierce, 


1914. 


App'd to Sup. Jud. Ct. 


1938. 


1 QOO 


Jabez Fox, 


1921. 


rveiirea. 


1923. 


1 QAO 


Charles Ambrose DeCourcy, 


1911. 


App'd to Sup. Jud. Ct. 


1924. 


1 009 
1 yyjz.. 


Robert Orr Harris, 


1911. 


Resigned. 


1926. 


1 009 


Lemuel LeBaron Holmes, . . 


1907. 




1907. 




William Cushing Wait, .... 


1923. 


App d to Sup. Jud. Ct. 


1935. 


1 om 


William Schofield, 


1911. 


Resigned. 


1912. 


1903 


Lloyd Everett White, ...... 


1921. 


Resigned. 


1921. 


vy\)j. 


Loranus Eaton Hitchcock, . . 


1920. 




1920. 


1 QO^ 


John Crawford Crosby, .... 


1913. 


/\pp a 10 oup. jua. \^\. 


1943. 


1905. 


John Joseph Flaherty, 


1906. 




1906. 


lyuo. 


William Franklin Dana, .... 


1920. 


Resigned. 


1920. 


1 QOA 


John Freeman Brown, 


1924. 




1924. 


1 QCxn 

lyu/. 


Henry Amasa King, 


1923. 


Resigned. 


1932. 


1 Q07 


George Augustus Sanderson, 


1924. 


/vpp a lo oup. Jua. \a. 


1932. 


1 OAT 


Robert Fulton Raymond, . . . 


1929. 




1929. 




Marcus Morton, 


1939. 




1939. 




Charles Francis Jenney, .... 


1919. 


App d to Sup. Jud. Ct. 


1923. 


1911. 


Joseph Francis Quinn, ..... 


1929. 




1929. 


1 Q 1 1 

ly 1 1 . 


John Dwyer McLaughlin, . . 


1931. 




1931. 


1911. 


Walter Perley Hall, 


1937. 


(Appointed C J., ly zz.) 


1942. 


191 1. 


Hugo Adelard Dubuque, . . . 


1928. 




1928. 


1911. 


John Bernard Ratigan, 


1915. 




1915. 


1911. 


Patrick Michael Keating, . . . 


1935. 




lyjD. 


1911. 


Nathan Dexter Pratt, 


1914. 




1914. 


1911. 


Frederick Hathaway Chase, . 


1920. 


Resigned. 


1948. 


1911. 


Richard William Irwin, .... 


1929. 


Resigned. 


1932. 


1914. 


William Hamilton, ........ 


1918. 




1918. 


1914. 


Christopher Theodore Callahan, 1929. 




1929. 



Judiciary. 383 



APPOINTED. LEFT THE BENCH. 


DIED. 


1914. 


James Bernard Carroll, 


1915. 


App'd to Sup. Jud. Ct. 


1932. 


1915. 


James Hemy Sisk, 


1937. 


Resigned. 


1938. 


1915. 


Philip Joseph O'Connell, . . . 


1931. 




1931. 


1917. 


Webster Thayer, 


1933. 




1933. 


1917. 


Charles Edward Shattuck, . . 


1918. 




1918. 


1917. 


Franklin Tweed Hammond, . 


1940. 


Resigned. 


1959. 


1918. 


Nelson Pierce Brown, 


1946. 




1946. 


1918. 


Louis Sherburne Cox, 


1937. 


App'd to Sup. Jud. Ct. 


1961. 


1919. 


Edward Lyman Shaw, 


1921. 


Resigned. 


1943. 


1920. 


Fred'k Woodbury Fosdick, . 


1943. 




1943. 


1920. 


Elias Bullard Bishop, 


1934. 




1934. 


1920. 


George Aloysius Flynn, .... 


1928. 




1928. 


1921. 


Henry Tilton Lummus, 


1932. 




1960. 


1921. 


William Adams Bums, 


1949. 


Resigned. 


1951. 


1921. 


Stanley Elroy Qua, 


1934. 


App'd to Sup. Jud. Ct. 


1965. 


1922. 


Alonzo Rogers Weed, 


1936. 




1936. 


1922. 


Frederick Joseph Macleod, . 


1935. 




1935. 


1922. 


Joseph Walsh, 


1946. 




1946. 


1922. 


Winfred Holt Whiting, 


1937. 




1937. 


1923. 


Edward Thomas Broadhurst, 


1955. 




1955. 


1923, 


Fred'c Brendlesome Greenhal^ 


?e, 1945. 


Resigned. 


1954. 


1924. 


Charles Henry Donahue, . . . 


1932. 


App'd to Sup. Jud. Ct. 


1952. 


1924. 


David Abraham Lourie, .... 


1930. 




1930. 


1925. 


Franklin Freeman, 


1926. 




1926. 


1925. 


Wilford Drury Gray, 


1939. 




1939. 


1926. 


David Francis Dillon, 


1948. 




1948. 


1926. 


Harold Putnam Williams, . . . 


1947. 


App'd to Sup. Jud. Ct. 


1965. 


1928. 


Walter Leo Collins, 


1959. 


Resigned. 


1975. 


1928. 


Daniel Theodore O'Connell, 


1958. 


Resigned. 


1958. 


1929. 


Thomas Jasper Hammond, . . 


1946. 




1946. 


1929. 


John Mellen Gibbs, 


1937. 




1937. 


1929. 


Raoul Henri Beaudreau, .... 


1956. 


Resigned. 


1956. 


1929. 


Edward Francis Hanify, .... 


1954. 




1954. 


1930. 


Abraham Edward Pinanski, . 


1949. 




1949. 


1931. 


James Corcoran Donnelly, . . 


1952. 




1952. 






1934. 


Resigned. 


1957. 


1932. 


Frank Joseph Donahue, .... 


1973. 


Retired. 


1979. 


1932. 


Lewis Goldberg, 


1973. 


Retired. 


1974. 


1933. 


John Edward Swift, 


1967. 




1967. 


1934. 


Vincent Brogna, 


1960. 




1960. 


1934. 


George Francis Leary, 


1954. 




1954. 


1935. 


Joseph Alphonsus Sheehan, . 


1942. 




1942. 



I 



384 



Judiciary. 



APPOINTED. LEFT 

1935. Thomas Henry Do wd, 

1935. Joshua Arthur Baker, 

1937. Joseph Leo Hurley, 

1937. Francis Joseph Good, 

1937. Jesse Whitman Morton, . . . . 

1937. William Clement Giles, 

1937. Paul Grattan Kirk, 

1939. Allan Gordon Buttrick, . . . . 

1939. Felix Forte, 

1940. Joseph Everett Warner, 

1942. John Vamum Spalding, . . . . 

1943. Charles Codman Cabot, 

1944. John Vincent Sullivan, 

1945. Richard M. Walsh, 

1946. Eugene A. Hudson, 

1946. Edward J. Yoke, 

1946. Frank J. Murray, 

1946. Daniel D. O'Brien, 

1947. Horace Tracy Cahill, 

1947. Frank Edward Smith, 

1948. Charles Fairhurst, 

1949. Charles A. Rome, 

1949. David G. Nagle, 

1 95 1 . John Henry Meagher, 

1952. Wilfred J. Paquet, 

1952. Edward A. Pecce, 

1954. Edmund R. Dewing, 

1954. Reuben L. Lurie, 

1956. Donald M. Macaulay, 

1956. George E. Thompson, 

1956. Francis J. Quirico, 

1956. Charles S. Bolster, 

1958. John M. Noonan, 

1958. Frank W. Tomasello, 

1958. Edward O. Gourdin, 

1958, August C. Taveira, 

1958. John W. Coddaire, Jr., . . . . . 

1958. Stanley W. Wisnioski, . . . . . 

1958. James L. Vallely, 

1958. Edward J. DeSaulnier, Jr.,. . . 

1958. Robert Sullivan, 

1959. Jennie Loitman Barron, . . . . 



IE BENCH. 


DIED. 


1 


Resigned. 


1958. 


1 o< 1 




1951. 


1 

VyjO. 




1956. 


1 Q<0 




1958. 


I yOZ. 




1962, 


1956 


ivetireci. 


1959. 


1 Q/CA 

lyou. 


App'd to Sup. Jud. Ct. 


1981. 


1 Q<; 1 


Retired. 


1954, 


[y /j. 


Retired. 


1975. 






1958. 


1 OA A 


App d to Sup, Jud, Ct, 


1981. 




Resigned. 


1976. 


1962. 




1962. 


1 QAAi 

iy4o. 


Retired, 


1952. 


[y /Z. 




1972. 


1 QA^ 




1965. 


1967. 


App d U,b, UlSt, Ct, 


1995. 


1 QAI 

lyoi. 




1963. 


1973. 


Retired, 


1976. 


1973, 


Retired, 


1978. 


1973. 


Retired. 


1975. 


1959, 




1959. 


1960, 




1960. 


1978, 


Retired. 


1988. 


Vy 1 J. 


Retired. 


1987. 


1970, 


Retired. 


1973. 


1965, 


Retired. 


1981. 


1973, 


Retired. 


1985. 


1971, 


Retired. 


1980. 


1973, 




1973. 


1969, 


App'd to Sup. Jud. Ct. 


1998. 


1966. 


Retired. 




1971, 


Retired. 


1975. 


1 Q'7'J 


Retired. 


1986. 


1966. 




1966. 


1983. 


Retired. 




1975, 


Retired. 


1989. 


1961, 




1961. 


1983, 


Retired. 


1995. 


1972, 


Resigned, 


1990. 


1976, 




1976. 


1969. 




1969. 



Judiciary. 



385 



APPOINTED. LEFT THE BENCH. 


DIED. 


1959. 


Francis John Good, 


1982. 


Retired. 


1994. 


1960. 


Daniel J. O'Connell, Jr., 


1962. 


Resigned. 


1977. 


1960. 


David A. Rose, 


1972. 


App'd Appeals Court. 


1995. 


1960. 


Thomas J. Spring, 


1974. 


Retu-ed. 


1980. 


1960. 


Vincent R. Brogna, 


1982. 


Retired. 




1961. 


G. Joseph Tauro, 


1970. 


(Appointed C. J., 1962.) 


1994. 


1962. 


Francis L. Lappin, 


1985. 


Retired. 


1993. 


1962. 


Joseph Ford, , 


1984. 


Retired. 


1997. 


1962. 


Thomas J. O'Malley, 


1969. 




1969. 


1962. 


Harry Kalus, 


1974. 


Retired. 


1980. 


1962. 


Amedeo V. Sgarzi, 


1973. 


Retired. 


1991. 


1962. 


Robert H, Beaudreau, ...... 


1980. 




1980. 


1962. 


Henry H. Chmielinski, Jr., . . 


1982. 


Retired. 


1983. 


1963. 


Cornelius J. Moynihan, . . . . 


1975. 


Retired. 


1986. 


1963. 


George P. Ponte, 


1975. 


Retired. 


1991. 


1965. 


Frederick S. Pillsbury, . . . . . 


1966. 


Resigned. 


1996. 


1965. 


Joseph K. Collins, 


1973. 


Retired. 


1988. 


1966. 


Joseph S. Mitchell, Jr., . . . . . 


1992. 


Retired. 


1999. 


1967. 


Edward F. Hennessey, . . . . . 


1971. 


App'd to Sup. Jud. Ct. 




1967. 


Allan M. Hale, 


1972. 


App'd C. J. Appeals Ct. 


1997. 


1967. 


Walter H. McLaughlin, . . , 


1977, 


(Appointed C. J., 1970.) 


1995. 


1967. 


Samuel T. Tisdale, ....... 


1979. 


Retired. 


1995. 


1968. 


James Charles Roy, ...... 


1977. 


Retired. 


1990. 


1968. 


Andrew R. Linscott, 


1984. 


Retired. 


1989. 


1968. 


Edward H. Bennett, Jr., ... 


1983. 


Retired. 


1997. 


1968. 


Henry M. Leen, ......... 


1977. 


Retired. 


1997. 


1969. 


Alan J. Dimond, 


1986. 


Retired. 




1969. 


Levin H. Campbell, ...... 


1972. 


App'd U.S. District Ct. 




1969. 


Paul V. Rutledge, 


1986. 


Retired. 


1993. 


1970. 


Paul K. Connolly, 


1976. 


Retired. 


1996. 


1970. 


Thomas E. Dwyer, 


1986. 


Retired. 


2002. 


1971. 


John Francis Moriarty, .... 


1997. 


Retired. 


1999. 


1971. 


Herbert F. Travers, Jr., .... 


1997. 


Retired. 




1972. 


Paul A. Tamburello, 


1976. 


Retired. 


1992. 


1972. 


John J. McNaught, 


1979. 


App'd U.S. District Ct. 


1994. 


1972. 


Ruth I. Abrams, 


1977. 


App'd to Sup. Jud. Ct. 




1972. 


George J. Hayer, 


1985. 


Retired. 




1972. 


James P. Lynch, Jr., ...... 


1991. 


Retired. (C. J. 1978-1983.) 




1972. 


Kent Benedict Smith, 


1981. 


App'd Appeals Ct. 




1973. 


Raymond R. Cross, 


1991. 


Retired. 




1973. 


Roger Joseph Donohile, . . . 


1994. 


Retired. 




1973. 


Eileen P. Griffm, 


1986. 


Retired. 


2001. 



386 



Judiciary. 



APPOINTED. 


..EFT THE BENCH. 


DIED. 


1973. 


Arthur M. Mason, .... 


1992. 


Retired. (C.A.J.- T.C.) 




1973. 


David S. Nelson, 


1979. 


App'd U.S. Dist. Ct. 


1995. 


1973. 


Harry Zarrow, 


1976. 


Retired. 


1990. 


1973. 


Robert J. Hallisey, , 


1990. 


Retired. 




1973. 


James P. McGuire, .... 


1979. 


Retired. 


1999. 


1973. 


Samuel Adams, ..... 


1982. 


Resigned. 




1973. 


John P. Sullivan, 


1992. 


Retired. 




1973. 


Thomas R. Morse, Jr., , 


1988. 


Retired. (C. J. 1983-1988) 


1991. 


1973. 


John Tracy Ronan, .... 


1992. 


Retired. 




1974. 


Francis W. Keating, , , , 


1987. 




1987. 


1974. 


Robert S. Prince, 


1988. 


Retired. 




1976. 


A. David Mazzone, , 


1978. 


App'd U.S. Dist. Ct. 




1976. 


John M. Greaney, 


1978. 


App'd App. Ct. & S.J.C. 




1976. 


Francis P. O'Connor, , 


1981. 


App'd to Sup. Jud. Ct. 




1976. 


Charles R. Alberti, .... 


1992. 


Retired. 




1976. 


John J. Irwin, Jr., 


1998. 


Retired. (C.A.J.-Trial Ct.) 




1976. 


Paul G. Garrity, 


1984. 


Resigned. 




1976. 


Gordon L. Doerfer, , , 


1981. 


Resigned. 




1977. 


Edith W. Fine, 


1984. 


App'd Appeals Court. 


1995. 


1978. 


William W. Simons, . . . 


1993. 


Retired. 




1978. 


William G. Young, .... 


1985. 


App'd U.S. Dist. Ct. 




1978. 


Joseph R. Nolan, 


1980. 


App'd App. Ct. & S.J.C. 




1979. 


Robert A. Barton, 


2000. 


Retired. 




1979. 


Robert V. Mulkem, , , , 


1992. 


Retired. 




1979. 


Rudolph F. Pierce, .... 


1985. 


Resigned. 




1979. 


John F. Murphy, Jr., 


1997. 


Retired. 




1979. 


James P. Donohue. 








1979. 


Augustus F. Wagner, Jr., 


. . . 1986. 


Resigned. 




1979. 


Chris Byron, 


1992. 


Retired. 




1979. 


Herbert Abrams, 


1993. 


Retired. 




1979. 


Andrew G. Meyer, .... 


1993. 


Retired. 




1979. 


Robert L. Steadman, . . 


1996. 


Retired. (C. J. 1988-1993.) 




1979. 


William C. O'Neil, Jr , 


1991. 


Retired. 


1991. 


1979. 


Hiller B. Zobel, 


1999. 


Retired. 




1979. 


Elizabeth Dolan, 


1999. 


Retired. 




1979. 


Peter F. Brady, 


2003. 


Retired. 




1979. 


Richard S. Kelley, 


1996. 


Retired. 




1979. 


William K. Mone, .... 


1982. 




1982. 


1980. 


George N. Hurd, Jr., ... 


1989. 


Retired. 




1980. 


Lawrence B. Urbano, . . 


1991. 


Retired. 




1980. 


Walter E. Steele, 


1996. 


Retired. 




1981. 


William H. Carey, 


1996. 


Retired. 





Judiciary. 



387 



APPOINTED. LEFT THE BENCH. 

1981. George Jacobs, 1989. App'd Appeals Court. 

1982. Elizabeth Porada, 1990. App'd Appeals Court. 

1982. Sandra L. Hamlin. 

1982. Gerald F. O'Neill, Jr., 2001. Retired. 

1982. James D. McDaniel, Jr., 2002. Retired. 

1982. John D. Sheehan, 1992. Retired. 

1982. George C. Keady, Jr., 1994. Retired. 

1982. Vieri Volterra, 2002. Retired. 

1982. James J. Nixon, Jr., 1994. Retired. 

1982. Elbert Tuttle, 1992. Retired. 

Robert A. Mulligan, (C. J., 1 994- 1 999) 

John L. Murphy, Jr., 1994. Retired. 

Mel L. Greenberg, 1990. App'd Appeals Ct. 

HarryJ. Elam, 1988. Retired. 

Katherine Liacos Izzo, 1996. Retired. 

J. Harold Flannery, 1995. App'd Appeals Ct. 

Paul A. Chemoff. 
Barbara J. Rouse. 

James F. McHugh, 2001. App'd Appeals Ct. 

Cortland A. Mathers, 1994. Retired. 

Charles M. Grabau. 

Suzanne DelVecchio. . . (App't C.J., 1999) 

Robert W. Banks, 1997. Retired. 

R. Malcolm Graham. 

William H. Welch, 1997. Retired. 

Constance M. Sweeney. 
Catherine A. White. 
John C. Cratsley. 

John M. Xifaras, 2000. Retired. 

J. Owen Todd, 1992. Resigned. 

Barbara A. Dortch-Okara, . . . App'd C. A. J.- Trial Ct. 

Wendie I. Gershengom. 

Patrick J. King, 2003. Retired. 

Daniel A. Ford. 
Robert H. Bohn, Jr. 

David M. Roseman, 1999. Retired. 

Elizabeth B. Donovan. 
Margot Botsford. 
Peter M. Lauriat. 
Patrick F. Brady. 

Patti B. Saris, 1994. App'd U.S. Dist. Ct. 

Gordon L. Doerfer, 2001. App'd Appeals Ct. 



1997. 



1998. 



1998. 



388 



Judiciary. 



APPOINTED. LEFT THE BENCH. 




1990. 


Julian T. Houston. 






1990. 


Charles F. Barrett, 


2000. 


Retired. 


1990. 


Thomas E. Connolly. 






1990. 


John A. Tiemey. 






1990. 


Richard G. Steams, 


1994. 


App'd U.S. Dist. Ct. 


1990. 


Elizabeth Butler. 






1990. 


John J. O'Brien, 


2000. 


Retired. 


1990. 


Richard F. Connon. 






1990. 


George A. O'Toole, 


1995. 


App'd U.S. Dist. Ct. 


1990. 


Charles J. Hely. 






1991. 


Judith A. Cowin, 


2000. 


App'd Sup. Jud. Ct. 


1992. 


Charles T. Spurlock. 






1992. 


Stephen E. Neel. 






1992. 


Regina L. Quinlan. 






1992. 


Isaac Borenstein. 






1992. 


Mary-Lou Rup. 






1992. 


Daniel F. Toomey, 


2002. 




1993. 


Francis X. Spina, 


1997. 


Ap'd Ap Ct. & S.J.C 


1993. 


Martha B. Sosman, 


2000. 


App'd Sup. Jud. Ct. 


1993. 


Maria I. Lopez, 


2003. 


Resigned. 


1993. 


E. Susan Garsh. 






1993. 


Margaret R. Hinkle. 






1993. 


Howard J. Whitehead. 






1993. 


Judd J. Carhart. 






1993. 


James P. Dohoney, 


1998. 




1993. 


Thayer Fremont-Smith, . . 


. 2001. 


Retired. 


1993. 


Richard J. Chin. 






1993. 


Joseph A. Grasso, Jr., .... 


2001. 


App'd Appeals Ct. 


1993. 


Barbara A. Lenk, 


1995. 


App'd Appeals Ct. 


1994. 


Christine M. McEvoy. 






1994. 


Richard E. Welch, IIL 






1994. 


Bertha D. Josephson. 






1995. 


Herman J. Smith, Jr. 






1995. 


Raymond J. Brassard. 






1995. 


Diane M. Kottmyer. 






1996. 


Francis R. Fecteau. 






1996. 


Carol S. Ball. 






1996. 


Philip Rivard-Rapoza, . . . . 


1998. 


App'd Appeals Ct. 


1996. 


Lawrence B. Wemick. 






1996. 


Judith Fabricant. 






1996. 


Mitchell J. Sikora, Jr. 






1996, 


Nonnie S. Bumes. 







Judiciary. 



389 



APPOINTED. LEFT THE BENCH. DIED. 

1996. Allan vanGestel. 

1996. Nancy Staffier. 

1997. C. Brian McDonald. 

1997. Ralph D. Gants. 

1998. Peter A. Velis. 

1 998. Thomas J. Curiey, Jr. 

1998. Linda E. Giles. 

1998. Timothy S. Hillman. 

1998. Gary A. Nickerson. 

1999. S. Jane Haggerty. 
1999. Tina S. Page. 
1999. Elizabeth M. Fahey. 
1999. David A. McLaughlin. 

1999. Leila R. Kern. 

2000. Joseph M. Walker, III. 
2000. Peter W. Agnes, Jr. 
2000. John S. McCann. 

2000. Ernest B. Murphy. 

2001. Geraldine S. Hines. 
200 1 . Christopher J. Muse. 
2001. Robert J. Kane. 
2001. DavidA. Lowy. 
2001. Jeffrey A. Locke. 
2001. Janet L. Sanders. 

2001. Thomas P. Billings. 

2002. Paul E. Troy. 
2002. John A. Agostini. 
2002. Bonnie H. MacLeod. 
2002. John P. Connor, Jr. 
2002. Patrick J. Riley. 

2002. Richard T. Moses. 

2003. Kenneth J. Fishman. 



Judges of the Land Court since its Establishment in 1898 as the 
Court of Registration. 

JUDGES. 

APPOINTED. LEFT THE BENCH. DIED. 

1898. Leonard A. Jones, .... 1909. Resigned. 1909. 

1909. Charles Thornton Davis, ... 1936. 1936. 

1936. Michael A. Sullivan, 1937. 1937. 



390 



Judiciary. 



APPOINTED. LEFT THE BENCH. DIED. 

1937. John E. Fenton, 1966. Retired. 1974. 

1966. Elwood H. Hettrick, 1971. Retired. 1972. 

1971 . William I. Randall, 1985. Retired. 



ADMINISTRATIVE JUSTICES. 
(NOW CHIEF JUSTICES). 

APPOINTED. LEFT THE BENCH. DIED. 

1985. Marilyn M. Sullivan, 1993. 

1990. John E. Fenton, Jr., 1994. (App'd C.A.J, of 

T.C.,'92) 

1992. Robert V. Cauchon, 1996. Retired. 

1996. Peter W. Kilbom, , . 2003. 

2003. Karyn Faith Scheier. 



ASSOCIATE JUDGES. 
(NOW JUSTICES). 



APPOINTED. LEFT THE BENCH 




DIED. 


1898. 


Charles Thornton Davis, . 


1936. 


(App'd Judge, 1909). 


1936. 


1909. 


Louis M. Clark, 


1914. 




1914. 


1914. 


Joseph J. Corbett, 


1937. 


Retired. 


1949. 


1924. 


Clarence C. Smith, 


1943. 




1943. 


1937. 


Patrick J. Courtney, 


1952. 


Retired. 


1966. 


1943. 


Joseph R. Cotton, 


1965. 


Retired. 


1983. 


1952. 


Edward McPartlin, 


1973. 


Retired. 


1973. 


1965. 


Joseph P. Silverio, 


1974. 


Retired. 




1973. 


Marilyn M. Sullivan, .... 


1993. 


Retired. (A. J., 85-90.) 




1974. 


John E. Fenton, Jr., 


1994. 


Retired. (A. J., 90-92.) 




1986. 


Robert V. Cauchon, 


1996. 


Retired. (A. J., 92-96.) 




1990. 


Peter W. Kilbom, 


2003. 


Retired. (C. J., 96.) 




1994. 


Karyn Faith Scheier. 








1995. 


Leon J. Lombardi. 








1997. 


Mark V. Green, 


2001. 






2002. 


Alexander H. Sands III. 








2002. 


Charles W. Trombley, Jr. 








2002. 


Gordon H. Piper. 









Judiciary. 



391 



PRESENT ORGANIZATION OF THE COURTS. 



[All judges in the Commonwealth are appointed by the Governor with 
the advice and consent of the Council and hold office during good 
behavior until age seventy.] 



SUPREME JUDICIAL COURT. 
[General Laws, Chapter 211.] 
Roderick L. Ireland of Milton, Chief Justice. 

Justices. 

Francis X. Spina of Pittsfield Margot Botsford of Jamaica Plain. 

Judith A. Cowin of West Newton. Ralph D. Gants of Lexington. 
Robert J. Cordy of North Reading. Femande R.V. Duffly of Cambridge. 

Susan Mellen of Boston, Clerk of the Commonwealth, Suite 1400, John 

Adams Court House. 
Jane Kenworthy Lewis of Cambridge, Assistant Clerk for the 

Commonwealth, Suite 1400, John AdamsCourt House. 
Maura Sweeney Doyle of Boston, Clerk for the County of Suffolk, Suite 

1300, John Adams Court House. 
[Vacancy], First Assistant Clerk for the County of Suffolk, Suite 1300, 

John Adams Court House. 
George E. Slyva of Milton, Second Assistant Clerk for the County of 

Suffolk, Suite 1300, John Adams Court House. 
Eric B. Wetzel of Burlington, Third Assistant Clerk for the County of 

Suffolk, Suite 1300, John Adams Court House. 
C. Clifford Allen III of Beverly, Reporter of Decisions, Suite 2500, John 

Adams Court House. 
Virginia Shea Thurler, Executive Assistant to the Chief Justice of the 

Supreme Judicial Court, Suite 2200, John Adams Court House. 
Francis S. Moran, Jr., Executive Director, Suite 2300, John Adams 

Courthouse. 

Christine Burak., Legal Counsel to the Chief Justice, Suite 2200, John 

Adams Court House. 
Neal Quenzer, Chief of Staff Counsel , Suite 2500 John Adams 

Courthouse. 



392 Judiciary. 



APPEALS COURT. 
[General Laws, Chapter 21 1 A.] 
Phillip Rapoza of Boston, Chief Justice. 



Justices. 
Barbara A. Lenk of Carlisle. 
Femande R.V. Duffly of 

Cambridge. 
Elspeth B. Cypher of Boston. 
Joseph A. Grasso, Jr. of Concord. 
R. Marc Kantrowitz of Canton. 
William I. cowin of Newton, 
Janis M Berry of Marblehead. 
James F. McHugh III of 

Charlestown. 
Scott L. Kafker of Swampscott. 
Cynthia J. Cohen of Cambridge. 
David A. Mills of Danvers. 
Mark V. Green of Brookline. 
Joseph A. Trainor of Chelmsford. 
R. Malcolm Graham of Newton. 
Gary S. Katzmann of Brookline. 



Ariane D. Vuono of Florence. 
Andrew R. Grainger of Boston. 
William J. Meade of Melrose. 
Mitchell J. Sikora, Jr. of West 

Roxbury. 
Peter J. Rubin of Newton. 
Francis R. Fecteau of Worcester. 
Gabrielle R. Wolohojian of 

Cambridge. 
James R. Milkey of Newton. 
Sydney Hanlon of Dorchester. 
Judd J. Carhart of Florence. 
Frederick L. Brown of Belmont. 

(Recall) 
Raya S. Dreben of Belmont. 

(Recall) 

Kent B. Smith of Longmeadow. 
(Recall) 



Clerks. 



Joseph Stanton of Braintree, Clerk, John Adams Court House, One 

Pemberton Square, Boston, MA 02108. 
Lena M. Wong of Brookline, Assistant Clerk, John Adams Court House, 

One Pemberton Square, Boston, MA 02108. 
Christa A. Arcos of Peabody, Assistant Clerk, John Adams Court House, 

One Pemberton Square, Boston, MA 02108. 
Paul Kenneally of Braintree, Assistant Clerk, John Adams Court House, 

One Pemberton Square, Boston, MA 02108. 
Gilbert P. Lima of Rehaboth, Court Administrator, John Adams Court 

House, One Pemberton Square, Boston, MA 02108. 



TRIAL COURT. 
[General Laws, Chapter 21 IB.] 
Robert A. Mulligan of Wellesley, Chief Justice 
for Administration and Management. 
Robert P. Panneton, Chief of Staff 
Francis J. Carney, Ph. D., Executive Director. 



Judiciary. 



393 



SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT. 
[General Laws, Chapter 212.] 
Barbara Rouse, Charlestown, Chief Justice 



Justices. 
Sandra L. Hamlin of Boston. 
Paul A. Chemoff of Newton. 
Constance M. Sweeney of 

Wilbraham. 
John C. Cratsley of Concord. 
Barbara A. Dortch-Okara of Canton. 
Wendie I. Gershengom of Weston. 
Daniel A. Ford of Pittsfield. 
Elizabeth B. Donovan of 

Jamaica Plain. 
Peter M. Lauriat of Concord. 
Patrick F. Brady of Needham. 
Thomas E. Connolly of Boston. 
Charles J. Hely of Needham. 
Charles T. Spurlock of Cambridge. 
Stephen E. Neel of Watertown. 
Regina L. Quinlan of Charlestown. 
Mary-Lou Rup of Whately. 
E. Susan Garsh of Belmont. 
Margaret R. Hinkle of Boston. 
Howard J. Whitehead of Lynnfield. 
Richard J. Chin of Brockton. 
Richard E. Welch, III, of 

Newburyport. 
Bertha D. Josephson of 

Easthampton. 
Herman J. Smith, Jr., of Medford. 
Raymond J. Brassard of Needham. 
Diane M. Kottmyer of Winchester. 
Carol S. Ball of Boston. 
Judith Fabricant of Brookline. 
Nancy Holtz of Swampscott. 
C. Brian McDonald of Springfield. 
Peter A. Velis of Westfield. 
Linda E. Giles of Jamaica Plain. 
Gary A. Nickerson of Sandwich. 
S. Jane Haggerty of Lexington. 



Tina S. Page of Springfield. 
EHzabeth M. Fahey of Newton, 
Leila R. Kern of Waltham. 
Joseph M. Walker, III, of 

Roslindale. 
Peter W. Agnes, Jr. of Wayland. 
Geraldine S. Hines of Roxbury, 
Christopher J. Muse of Boston. 
Robert J. Kane of 

South Dartmouth. 
David A. Lowy of Marblehead. 
Jeffi*ey A. Locke of Wellesley. 
Janet L. Sanders of Brookline. 
Thomas P. Billings of Lincoln. 
Paul E. Troy of Hingham. 
John A. Agostini of Williamstown. 
Bonnie H. MacLeod of Wakefield. 
John P. Connor, Jr., of Walpole. 
Richard T. Moses of Dartmouth. 
Kenneth J. Fishman of Lexington. 
Robert C. Rufo of Harwich Port. 
Frances A. Mclntyre of Boston. 
Frank M. Gaziano of Scituate. 
D. Lloyd Macdonald of Boston. 
Thomas R. Murtagh of Andover. 
Bruce R. Henry of Belmont. 
Thomas A. Connors of Milton. 
John T. Lu of Andover. 
Kathe M. Tuttman of Andover. 
Merita A. Hopkins of Boston. 
Cornelius J. Moriarty, II of South 

Hadley. 

C. Jeffrey Kinder of Wilbraham. 
James J. Lemire of Paxton. 
Dennis J. Curren of Wellesley Hills. 
Maureen B. Hogan of South Boston. 
Robert C. Cosgrove of Braintree. 
Christine M. Roach of Boston. 



394 



Judiciary. 



Timothy Q. Feeley of Marblehead. 
Richard T. Tucker of Northborough. 
Garry V. Inge of Boston. 
Janet Kenton- Walker of Sutton. 
Thomas F. McGuire, Jr. of Fall River. 
Mitchell H. Kaplan of Newton. 



Kimberly S. Budd 
Douglas H. Wilkins 
Richard J. Carey 
Renee P. Dupuis 
David Ricciardone 



Dana L. Leavitt, Court Administrator, Superior Court Administrative 
Office, Suffolk County Courthouse, Three Pemberton Square, 13th 
floor, Boston. 

Michael Joseph-Donovan, Clerk Magistrate for Civil Business, Suffolk 
County Courthouse, Three Pemberton Square, 12th floor, Boston. 

Maura A. Hennigan, Clerk Magistrate for Criminal Business, Suffolk 
County Courthouse, Three Pemberton Square, 14th floor, Boston. 



LAND COURT 
DEPARTMENT OF THE TRIAL COURT. 
[General Laws, Chapter 185.] 

Chief Justice, Karyn Faith Scheier, Cambridge. 

Associate Justices, Judtih C. Cutler, Lexington; Harry M. Grossman, 

Marblehead; Keith C. Long, Cambridge; Gordon H. Piper, Dover; 

Alexander H. Sands, III, Gloucester; Charles W. Trombley, Jr., North 

Andover. 

Recorder, Deborah J. Patterson, Boston. 

Court Administrator, Jill K. Ziter, Mansfield. 226 Causeway Street, 
Boston, MA 02114. 



PROBATE AND FAMILY COURT 
DEPARTMENT OF THE TRIAL COURT. 
[General Laws, Chapter 215.] 
Paula M, Carey, Chief Justice. 
Kim J. Wright, Court Administrator. 



Justices. 

Jeffrey A. Abber, Associate 
Justice, Middlesex Division 

Joan P. Armstrong, Associate 
Justice, Suffolk Division 

Amy L. Blake, Associate Justice, 
Essex Division. 



John D. Casey, Associate Justice, 

Essex Division. 
Peter C. DiGangi, First Justice, 

Middlesex Division. 
Edward F. Donnelly, Jr., Associate 

Justice, Middlesex Division. 



Judiciary. 



395 



John P. Cronin, Associate Justice, 

Essex Division. 
Lucille A. DiLeo, Circuit Justice. 
Barbara Hyland, Circuit Justice. 
Edward G. Boyle, III, Associate 

Justice, Plymouth Division. 
Linda S. Fidnick, Associate 

Justice, Hampshire Division. 
David M. Fuller, Associate Justice, 

Hampden Division. 
Anne M. Geoffrion, First Justice, 

Hampden Division. 
Dorothy M. Gibson, Associate 

Justice, Middlesex Division. 
Christina L. Harms, Associate 

Justice, Norfolk Division. 
Spencer M. Kagan, Circuit Justice. 
Randy J. Kaplan, First Justice, 

Nantucket Division. 
Leilah A. Keamy, Associate 

Justice, Middlesex Division. 
Ronald W. King, Associate 

Justice, Worcester Division. 
Robert W. Langlois, First Justice, 

Norfolk Divison. 
Elizabeth O'Neill LaStaiti, First 

Justice, Bristol Division. 
E. Chouteau Levine, Associate 

Justice, Suffolk Division. 
Mary McCauley Manzi, Associate 

Justice, Essex Division. 
Prudence M. McGregor, Associate 

Justice, Bristol Division. 
William F. McSweeney III, 

Associate Justice, Middlesex 

Division. 
Denise Meagher, First Justice, 

Worcester, Division. 
Virginia Ward, Circuit Justice. 



James V. Menno, Associate 

Justice, Plymouth Division. 
Maureen H. Monks, Associate 

Justice, Middlesex Division. 
Elaine M. Moriarty, Associate 

Justice, Suffolk Division. 
Anthony R. Nesi, Associate 

Justice, Bristol Division. 
Angela M. Ordonez, Associate 

Justice, Norfolk Division. 
Gail L. Perlman, First Justice, 

Hampshire Division. 
Stephen M. Rainaud, Circuit 

Justice. 

Susan D. Ricci, Associate Justice, 

Worcester Division. 
Gregory V. Roach, Circuit Justice. 
Lisa A. Roberts, Circuit Justice. 
Arthur Ryley, Associate Justice, 

Barnstable Division. 
Catherine P. Sabaitis, First Justice, 

Plymouth Division. 
David G. Sacks, Associate Justice, 

Hampden Division. 
Mary Ann Sahagian, Frist Justice, 

Essex Division. 
Robert A. Scandurra, First Justice, 

Barnstable Division. 
Richard A. Simons, Associate 

Justice, Berkshire Division. 
John M. Smoot, First Justice, 

Suffolk Division. 
Jeremy A. Stahlin, Associate 

Justice, Suffolk Division. 
Stephen C. Steinberg, First Justice, 

Dukes Division, 
Geoffrey A. Wilson, First Justice, 

Franklin Division. 



396 



Judiciary. 



HOUSING COURT DEPARTMENT OF THE TRIAL COURT. 
[General Laws, Chapter 185C.] 
Chief Justice, Steven D. Pierce. 
Director of Court Operations, Paul J. Burke. 

CITY OF BOSTON DIVISION. 
First Justice, Jeffrey M. Winik. Associate Justice, MaryLou Muirhead. 
Clerk-Magistrate, Robert L. Lewis. Chief Housing Specialist, Michael 
Neville. 

NORTHEASTERN DIVISION. 
First Justice, David D. Kerman. Clerk-Magistrate (Acting), Susan M, 
Trippi. Chief Housing Specialist, Patrick J. McDonough. 

SOUTHEASTERN DIVISION. 
First Justice, Anne Kenney Chaplin. Associate Justice, Wilbur P. 
Edwards, Jr., Clerk-Magistrate, Mark R. Jeffries. Chief Housing 
Specialist, Suzette E. Fagan-Clarke. 

WESTERN DIVISION. 
First Justice, Dina E. Fein. Associate Justice, Robert G. Fields. Clerk- 
Magistrate, Peter Q. Montori. Chief Housing Specialist, Kevin R. Byrne. 

WORCESTER DIVISION. 
First Justice, Diana H. Horan. Associate Justice, Timothy F. Sullivan. 
Clerk-Magistrate, James A. Bisceglia. Chief Housing Specialist, Michael 
O'Mara. 



DISTRICT COURT DEPARTMENT OF THE TRIAL COURT. 
[General Laws, Chapter 218.] 
Lynda Connolly, Administrative Justice. 
Ellen S. Shapiro, Director of Court Operations. 

COURT IDENTIFICATION. 

Consistent with the provisions of St. 1980, c. 83, as amended, the 
divisions of the District Court Department except the Northern Berkshire 
and Southern Berkshire divisions, shall be referred to by the name of the 
city or town which is the principal place of sitting of the division. 

The judicial districts of the several district and municipal courts are 
as follows: 



Judiciary. 



397 



Barnstable. 

Barnstable Division; Barnstable, Yarmouth and Sandwich. — 
Justices, Kathryn E. Hand, Joan E. Lynch, Don L. Carpenter. Clerk- 
Magistrate, Robert E. Powers. 

Orleans Division; Provincetown, Truro, Wellfleet, Eastham, Orleans, 
Brewster, Chatham, Harwich and Dennis. — Justices, J. Thomas Kirkman, 
Lance J. Garth. Clerk-Magistrate, Charles J. Ardito, III, Acting. 

Falmouth Division; Bourne, Falmouth and Mashpee. — Justices, 
Kevan J. Cunningham, Christopher D. Welch. Clerk-Magistrate, Edward 
B. Teague. 

Berkshire. 

The district courts at Adams, North Adams and Williamstown were 
consolidated into the Northern Berkshire District as a result of section 166 
of Chapter 478 of the Acts of 1978 (Court Reorganization). 

Northern Berkshire Division, held at Adams and North Adams; Adams, 
North Adams, Williamstown, Clarksburg, Florida, New Ashford, Cheshire, 
Savoy, Hancock, and Windsor; the Pittsfield Division exercising concurrent 
jurisdiction in Windsor and Hancock. — Justices, Michael J. Ripps, Paul 
M. Vrabel. Clerk-Magistrate, Timothy J. Morey. 

Pittsfield Division; Pittsfield, Hancock, Lanesborough, Peru, Hinsdale, 
Dalton, Washington, Richmond, Lenox, Becket and Windsor; the district 
court of southern Berkshire exercising concurrent jurisdiction in Lenox 
and Becket and the district court of northern Berkshire exercising con- 
current jurisdiction in Windsor and Hancock. — Justices, (vacancy), Rita 
Scales Koenigs. Clerk-Magistrate, Thomas Bartini, Acting. 

The District Courts at Lee and Great Barrington were consolidated into 
the Southern Berkshire District as a result of section 166 of Chapter 478 of 
the Acts of 1978 (Court Reorganization). 

Southern Berkshire Division, held at Great Barrington; Sheffield, 
Great Barrington, Egremont, Alford, Mount Washington, Monterey, New 
Marlborough, Stockbridge, West Stockbridge, Sandisfield, Lee, Tyringham, 
Otis, Lenox and Becket; the Pittsfield Division exercising concurrent 
jurisdiction in Lenox and Becket. — Justices, James B. McElroy, Fredric 
D. Rutberg. Clerk-Magistrate, Thomas F. Bartini. 

Bristol. 

Taunton Division; Taunton, Rehoboth, Berkley, Dighton, Seekonk, 
Easton and Raynham, — Justices, Joseph I. Macy, James Sullivan. 
Clerk-Magistrate, Jody M. Menard-Parece, Acting. 



398 



Judiciary. 



Fall River Division; Fall River, Somerset, Swansea, Freetown and 
Westport; the New Bedford Division exercising concurrent jurisdiction 
in Freetown and Westport. — Justices, Bemadette L. Sabra, David T. 
Turcotte, Gilbert J. Nadeau, Jr. Clerk-Magistrate, John C. O'Neil. 

New Bedford Division; New Bedford, Fairhaven, Acushnet, Dart- 
mouth, Freetown and Westport; the Fall River Division exercising con- 
current jurisdiction in Freetown and Westport. — Justices, Julie J. 
Bernard, Tobey S. Mooney, Ronald F. Moynahan, Julie J. Bernard. Clerk- 
Magistrate, Peter J. Thomas. 

Attleboro Division; Attleboro, North Attleborough, Mansfield and 
Norton. — Justices, Thomas S. Barrett, Paul J. McCallum. Clerk- 
Magistrate, Mark E. Sturdy. 

Dukes County. 

Edgartown Division; Edgartown, Oak Bluffs and Tisbury; Dukes 
County. — Justices, John M. Julian, Therese M. Wright. Clerk- 
Magistrate, Liza H. Williamson. 

Essex. 

Salem Division; Salem, Beverly, Danvers, Middleton and Manchester- 
by-the-Sea. — Justices, D. Dunbar Livingston, Michael C. Lauranzo. 
Clerk-Magistrate, Brian K. Lawlor, Acting. 

Ipswich Division; Ipswich, Hamilton, Topsfield and Wenham. — 
Justices, Robert A. Cometta, Patricia A. Dowling. Clerk-Magistrate, 
Kathryn Morris Early, Acting. 

Haverhill Division; Haverhill, Groveland, Georgetown, Boxford and 
West Newbury; the Newburyport Division exercising concurrent juris- 
diction in West Newbury, — Justices, Allen G. Swan, Peter F. Doyle. 
Clerk-Magistrate, Doris A. Stanziani. 

Gloucester Division; Gloucester, Rockport and Essex. — Justices, 
Robert A. Brennan, Ellen Flatley. Clerk-Magistrate, Brian K. Lawlor, 

Acting. 

Lynn Division; Lynn, Swampscott, Saugus, Marblehead and Nahant. — 
Justices, Robert N. Tochka, Mary Dacey White. Clerk-Magistrate, Jane B. 
Stirgwolt. 

Lawrence Division; Lawrence, Andover, North Andover and 
Methuen. — Justices, Mark A. Sullivan, Martine Carroll. Clerk- 
Magistrate, Keith McDonough. 



Judiciary. 



399 



Newburyport Division, held at Newburyport; Amesbury, Merrimac 
Newbury, Newburyport, Rowley, Salisbury and West Newbury the 
Central District Court of Northern Essex (Haverhill Division) exercising 
concurrent jurisdiction in West "^Qv^hury. — Justices, (vacancy). Clerk- 
Magistrate, Kathryn Morris Early. 

Peabody Division; Peabody and Lynnfield. — Justices, Stacey J 
Fortes-White, James L. LaMothe, Jr. Clerk-Magistrate, Kevin L 
Finnegan. 



Franklin. 

Greenfield Division, held at Greenfield and at Turners Falls in 
Montague; Franklin County, except Orange, Erving, Warwick, Wendell 
and New Salem. Sessions may also be held at Shelburne Falls in 
Shelbume and Buckland at such times and places as the justice of said 
court may dtiQumriQ. — Justices, William P. Hadley, William F. Mazanec, 
III. Clerk-Magistrate, Margaret E. Palmeri. 

Orange Division; Orange, Erving, Warwick, Wendell and New Salem 
in the county of Franklin; and Athol, in the county of Worcester — 
Justices, (vacancy). Clerk-Magistrate, Laurie N. Domig. 

Hampden. 

Palmer Division; Palmer, Brimfield, Hampden, Ludlow, Monson, 
Holland, Wales and Wilbraham. — Justices, Laurie L. MacLeod. Clerk- 
Magistrate, Brian St. Onge. 

Westfield Division; Westfield, Chester, Granville, Southwick 
Russell, Blandford, Tolland and Montgomery. — Justices, Philip A.' 
Contant, Patricia T. Poehler. Clerk-Magistrate, Carol J. Kantany- 
Casartello. 

Chicopee Division; Chicopee. —Justices, Mary E. Hurley, David S. 
Ross, John M. Payne, Jr. Clerk-Magistrate, Paul M. Kozikowski. 

Holyoke Division; Holyoke. — Justices, Bethzaida Sanabria-Vega. 
Clerk-Magistrate, Manuel A. Moutinho, III. 

Springfield Division; Springfield, West Springfield, Agawam, Long- 
Meadow and East Longmeadow. — Justices, Nancy Dusek-Gomez 
Mark. D. Mason, William J. Boyle, H. Gregory Williams, Robert a' 
Gordon. Clerk-Magistrate, Barbara Y. Burton, Acting. 



400 



Judiciary. 



Hampshire. 

Northampton Division, held at Northampton; Amherst, Cummington, 
South Hadley, Huntington and Easthampton; Hampshire County, 
except Belchertown, Granby and Ware. — Justices, W. Michael 
Goggins, Jacklyn M. Connly. Clerk-Magistrate, Nancy Flavin, Acting. 

Eastern Hampshire Division, held at Ware; Belchertown, Granby and 
Ware and any violation of law committed on land of the metropolitan 
district commission comprising the Quabbin reservation or used for the 
supply or protection of the Quabbin reservoir. — Justices, Paul A. 
Losapio, Maureen E. Walsh. Clerk-Magistrate, William P. Nagle, Jr. 

Middlesex. 

Concord Division; Concord, Acton, Bedford, Carlisle, Lincoln, 
Maynard, Stow and Lexington. — Justices, James H. Wexler, Patricia G. 
Curtin. Clerk-Magistrate, Ann M. Colicchio. 

Ayer Division; Ayer, Dunstable, Groton, Pepperell, Townsend, Ashby, 
Shirley, Westford, Littleton and Boxborough. — Justices, Peter J. 
Kilmartin, David W. Cunis. Clerk-Magistrate, Wendy A. Wilton. 

Maiden Division; Maiden, Wakefield, Melrose and Everett. — Justices, 
Benjamin C. Barnes, Maurice R. Flynn III, Richard A. Mori, Geoffrey C. 
Packard. Clerk-Magistrate, Mary Beth Brady. 

Waltham Division; Waltham, Watertown and Weston. — Justices, 
Gregory C. Flynn, David T. Donnelly. Clerk-Magistrate, Michael J. 
Finucane. 

Cambridge Division; Cambridge, Arlington and Belmont. — Justices, 
Michele B. Hogan, Steven E. Thomas, Laurence D. Pierce, Severlin B. 
Singleton, III, Michael J. Pomarole. Clerk-Magistrate, Robert L. 
Moscow. 

Woburn Division; Woburn, Winchester, Burlington, Wilmington, 
Stoneham, Reading and North Reading. — Justices, Tobin N. Harvey,. J. 
Elizabeth Cremens. Clerk-Magistrate, Kathleen M. McKeon. 

Framingham Division; Framingham, Ashland, Holliston, Sudbury, 
Wayland and Hopkinton. — Justices, Robert V. Greco, Douglas W. 
Stoddart. Clerk-Magistrate, John A. DeLuca. 

Lowell Division; Lowell, Tewksbury, Billerica, Dracut, Chelmsford 
and Tyngsborough. — Justices, Neil J. Walker, Barbara S. Pearson. 
Clerk-Magistrate, William A. Lisano. 



Judiciary. 



401 



Marlborough Division; Marlborough and Hudson. — Justices, 
Lynda M. Connolly, Mary H. Sullivan. Clerk-Magistrate, Paul Malloy. 

Natick Division; Natick and Sherborn. — Justices, James H. 
McGuinness, Jr., Michael J. Brooks. Clerk-Magistrate, Brian J. Kearney. 

Newton Division; Newton. — Justices, Dyanne J. Klein, Thomas M. 
Brennan. Clerk-Magistrate, Henry H. Shultz. 

Somerville Division; Somerville and Medford. — Justices, Matthew 
J. Nestor, Mark S. Coven. Clerk-Magistrate, Robert A. Tomasone. 

Nantucket. 

Nantucket Division; Nantucket County. — Justices, W. James O'Neill, 
Deborah A. Dunn. Clerk-Magistrate, Liza H. Williamson, Acting. 

Norfolk. 

Dedham Division; Dedham, Dover, Norwood, Westwood, Medfield, 
Needham and Wellesley. — Justices, Kevin J. Gaffney, Marianne C. 
Hinkle. Clerk-Magistrate, Salvatore Patema. 

Quincy Division; Quincy, Randolph, Braintree, Cohasset, Weymouth, 
Holbrook and Milton; and, in criminal cases, concurrently with the 
Hingham Division, that part of Scituate described in chapter three hun- 
dred and ninety-four of the acts of nineteen hundred and twelve. Arrests 
and service of process in such cases may be made by an officer qualified 
to serve criminal process in Cohasset. — Justices, Paul M. Yee, Beverly 
J. Cannone. Clerk-Magistrate, Arthur H. Tobin. 

Stoughton Division; Stoughton, Canton, Avon and Sharon. — 
Justices, Andrew M. D'Angelo. Clerk-Magistrate, Robin E. Vaughan. 

Wrentham Division; Franklin, Walpole, Foxborough, Medway, 
Millis, Norfolk, Wrentham and Plainville. — Justices, Stephen S. Abany, 
Daniel J. O'Shea. Clerk-Magistrate, Edward J. Doherty. 

Brookline Division; Brookline. — Justices, Kevin J. O'Dea, James 
D. Barretto. Clerk-Magistrate, Brian K. Lawlor. 

Plymouth. 

Hingham Division; Hingham, Rockland, Hull, Hanover, Scituate and 
Norwell. — Justices, Patrick J. Hurley, Francis L. Marini. Clerk- 
Magistrate, Joseph A. Ligotti. 



402 



Judiciary. 



Plymouth Division; Plymouth, Kingston, Plympton, Pembroke, 
Duxbury, Hanson, Halifax and Marshfield. — Justices, Rosemary B. 
Minehan. Clerk-Magistrate, Philip J. McCue, Acting. 

Wareham Division, held at Middleborough and Wareham; Middle- 
borough, Wareham, Lakeville, Marion, Mattapoisett, Rochester and 
Carver. — Justices, Diane E. Moriarty, Mary L. Amrhein, Clerk- 
Magistrate, Daryl G. Manchester. 

Brockton Division; Brockton, Bridgewater, East Bridgewater, Whit- 
man, Abington and West Bridgewater. Said court may adjourn to the 
Massachusetts correctional institution at Bridgewater, whenever the pub- 
lic convenience seems to the presiding justice to render such adjourn- 
ment expedient. — Justices, Robert E. Baylor, Richard D. Savignano, 
Paul C. Dawley, Angel Kelly Brown. Clerk-Magistrate, Kevin P. 
Creedon. 

Suffolk. 

Brighton Division; ward twenty-five of Boston as it existed on 
February first, eighteen hundred and eighty-two. — 

First Justice, David T. Donnelly. Justices, Tracy-Lee Lyons, David 
Weingarten. Clerk- Magistrate, James B. Roche III. First Assistant Clerk- 
Magistrate, Patricia McDermott. 

Charlestown Division; wards three, four and five of Boston as they 
existed on February first, eighteen hundred and eight>'-two, provided that 
in criminal matters said court shall have exclusive jurisdiction in that part 
of said wards which is under the care, custody and control of the lower 
basin division of the Metropolitan District Commission and in so much of 
the Charles river basin, as defined in section two of chapter five hundred 
and twenty-four of the acts of nineteen hundred and nine as affected by 
chapter two hundred and forty-five of the General Acts of nineteen hun- 
dred and sixteen as is within the district of said court. — 

First Justice, Lawrence E. McCormick. Justices, James W. Coffey, 
David Poole. Clerk-Magistrate, John E. Whelan. 

Dorchester Division; ward twenty-four of Boston as it existed on 
February first, eighteen hundred and eighty-two and the territory com- 
prised within the limits of precinct twelve of ward thirteen of Boston as it 
existed on November second, nineteen hundred and forty-eight. — 

First Justice, Rosalind H. Miller. Justices, Rosalind H. Miller, 
Emogene Johnson Smith, Robert Ronquillo, Jr., Pamela M. Dashiell. 
Clerk-Magistrate, Anthony S. Owens. First Assistant Clerk-Magistrate, 
Dennis F. Sullivan. 



Judiciary. 



403 



East Boston Division; Winthrop and wards one and two of Boston as 
they existed on March first, eighteen hundred and eighty-six; provided that 
said court shall have territorial jurisdiction in matters that arise in the 
Sumner tunnel, so-called, and Lieutenant William F. Callahan, Jr., tunnel 
including any property, toll plazas and approach roads thereto under the 
ownership, care, custody and control of the Massachusetts Turnpike 
Authority as provided by chapter five hundred and ninety-eight of the acts 
of nineteen hundred and fifty-eight. — 

First Justice, Robert Ronquillo, Jr., Justices, Kenneth Desmond, 
Kenneth Fiandaca. Clerk-Magistrate, Joseph R. Faretra. 

Roxbury Division; wards nineteen, twenty, twenty-one and twenty-two 
of Boston as they existed on February first, eighteen hundred and eighty- 
two, excepting ward ten, save as hereinafter provided, as it existed on 
February first, nineteen hundred and seventy-six; and excepting fiarther, 
cases of juvenile offenders under seventeen and cases of delinquent chil- 
dren when such cases arise in wards four, five, and precincts one and two 
of ward twenty-one of Boston as they existed on February first, nineteen 
hundred and seventy-six; provided however that, notwithstanding any 
other provision of law, said court shall have jurisdiction over matters aris- 
ing in precincts one, six and seven of ward ten. — 

First Justice, David Weingarten. Justices, Paul L. McGill, Gregory L. 
Phillips, Edward R. Redd, Michael C. Bolden, Shannon Prison, Clerk- 
Magistrate, Michael W. Neighbors. 

South Boston Division; wards thirteen, fourteen and fifteen of Boston 
as they existed on February first, eighteen hundred and eighty-two. — 

First Justice, Michael C. Bolden. Justices, Mary Ann Driscoll, Robert 
McKenna. Clerk-Magistrate, Margaret F. Albertson, Esq. 

West Roxbury Division; ward twenty-three of Boston as it existed on 
February first, eighteen hundred and eighty-two, and the territory com- 
prised within the limits of the former town of Hyde Park which was 
annexed to Boston by chapters four hundred and sixty-nine and five hun- 
dred and eighty-three of the acts of nineteen hundred and eleven, and ward 
ten, except precincts one, six and seven of said ward ten, as existing on 
February first, nineteen hundred and seventy-six; and excepting further, 
cases of juvenile offenders under seventeen and cases of delinquent chil- 
dren when such cases arise in said ward ten. — 

First Justice, Kathleen E. Coffey. Justices, Robert Ziemian, John A. 
Canavan, III, Clerk-Magistrate, Richard L. Walsh. 



404 



Judiciary. 



Worcester. 

Worcester Division; Worcester, Millbury, Auburn, Paxton, West 
Boylston, Holden, Rutland, Barre and Oakham. — Justices, David P. 
Despotopulos, Janet J. McGuiggan, Michael G. Allard-Madaus. Clerk- 
Magistrate, Thomas J. Noonan. 

Gardner Division; Gardner, Petersham, Phillipston, Royalston, 
Templeton, Hubbardston and Westminster. — Justices, Austin T. Philbin, 
David B. Locke. Clerk-Magistrate, Whitney J. Brown. 

Westborough Division; Westborough, Grafton, Shrewsbury, South- 
borough and Northborough. — Justices, Robert B. Calagione. Clerk- 
Magistrate, Maryann M. Pozzessere. 

Clinton Division; Clinton, Berlin, Bolton, Boylston, Harvard, Lan- 
caster and Sterling. — Justices, Martha A. Scannell Brennan, Robert W. 
Gardner, Jr. Clerk-Magistrate, Leonard F. Tomaiolo. 

Dudley Division; Southbridge, Webster, Sturbridge, Charlton, Dudley 
and Oxford. — Justices, Arthur F. Haley, III, Margaret R. Guzman. 
Clerk-Magistrate, Kenneth F. Candito. 

Uxbridge Division; Blackstone, Uxbridge, Douglas, Northbridge, 
Millville and Sutton. — Justices, (Vacancy), (Vacancy). Clerk- 
Magistrate, Gerald A. Lemire. 

Milford Division; Milford, Mendon, Upton, Hopedale, in the county 
of Worcester; and Bellingham, in the county of Norfolk. — Justices, 
Mary A. Orfanello, Brian F. Gilligan. Clerk-Magistrate, Thomas C. 
Carrigan. 

East Brookfield Division; East Brookfield, Brookfield, Leicester, 
Spencer, North Brookfield, West Brookfield, Warren, Hardwick and New 
Braintree. Said court may adjourn to any town within its district other 
than East Brookfield whenever the public convenience seems to the pre- 
siding justice to render such adjournment expedient. — Justices, Paul F. 
LoConto, Timothy M. Bibaud. Clerk-Magistrate, Elizabeth M. Maunsell. 

Fitchburg Division; Fitchburg, Ashburnham and Lunenburg. — 
Justices, Andrew L. Mandell, Elliott L. Zide. Clerk-Magistrate, Patrick 
J. Malone. 

Leominster Division; Leominster and Princeton. — Justices, Mark E. 
Noonan. Clerk-Magistrate, Philip B. O'Toole. 

Winchendon Division; Winchendon. — Justices, Vito A. Virzi, 
(vacancy). Clerk- Magistrate, Daniel F. Langelier. 



Judiciary. 



405 



Circuit Justices. 

Philip A. Beattie; Brian R. Merrick; Sarah B. Singer; Timothy H. 
Gailey; James F. X. Dineen; Roanne Sragow; Michael C. Creedon; 
Stephen S. Ostrach; Joseph W. Jennings III; Albert S. Conlon; Lee G. 
Johnson; Robert G. Harbour; James J. McGovem; Dominic J. Paratore; 
Lynn C. Rooney; Sabita Singh; Michael A. Uhlarik; Robert A. Welsh, 
III; Franco J. Gebeurne; Antoinette E. M. Leoney; Debra Shopteese; 
Michael E. Mulcahy; Kevin J. Finnerty. 

APPELLATE DIVISIONS OF THE DISTRICT 
COURT DEPARTMENT. 
[General Laws, Chapter 231, s. 108, as most recently amended by 
Acts of 1975, Chapter 377, ss. 106-107B] 

Five justices assigned to each of the three Districts by the Chief 
Justice of the District Courts, subject to the approval of the Chief Justice 
of the Supreme Judicial Court: 

Northern District — Presiding Justice: Hon. Robert V. Greco 
(Framingham), Circuit Justice: Sabita Singh. Associate Justices: Hon. 
Mark S. Coven, (Quincy); Hon. Laurence D. Pierce (Lowell); Hon. Allen 
G. Swan (Ipswich). 

Southern District — Presiding Justice: Hon. H. Gregory Williams 
(Edgartown), Circuit Justices: Hon. Brian R. Merrick., Hon. Stephen S. 
Ostrach.. Assoicate Justices: Hon. Kathryn E. Hand (Barnstable); Hon. 
Daniel J. O'Shea (Attleboro). 

Western District — Presiding Justice: Hon. Martha A. Scannell-Brennan 
(Clinton), Assoicate Justices: Hon. Robert W. Gardner, Jr. (Clinton); 
Hon. William P. Hadley (Greenfield); Hon. Laurie MacLeod (Palmer); 
Hon. Mark E. Noonan (Leominster). 

BOSTON MUNICIPAL COURT 
DEPARTMENT OF THE TRIAL COURT. 
[General Laws, Chapter 218 Section 1.] 
Chief Justice, Charles R. Johnson. 
Court Administrator, Cheryl A. Sibley, Esq. 

Central Division; held at Boston; wards six, seven, eight, nine, ten, 
eleven, twelve, sixteen, seventeen and eighteen of Boston as they existed on 
February first, eighteen hundred and eighty-two; and in criminal cases, con- 
currently with the Roxbury and Brighton divisions of the Boston municipal 
court department, the second and third district courts of eastern Middlesex 



406 



Judiciary. 



and the district court of Newton, respectively, so much of the Charles river 
basin, as defined in section two of chapter five hundred and twenty-four of 
the acts of nineteen hundred and nine, as affected by chapter two hundred 
and forty-five of the General Acts of nineteen hundred and sixteen, as is 
within the districts of said courts. — 

First Justice, Raymond G. Dougan, Jr. Justices, Charles R. Johnson, 
Sally A. Kelly, Raymond G. Dougan, Jr., Mark Hart Summerville, Patricia 
E. Bernstein, Annette Forde, Thomas C. Horgan, Michael J. Coyne, Eleanor 
Coe Sinnott, Lawrence E. McCormick, Ernest L. Sarason, Jr. Clerk- 
Magistrate, Daniel J. Hogan. First Assistant Clerk-Magistrate, Rosemary 
T. Carr. 

APPELLATE DIVISION. 
(All Justices sit on Appellate Division.) 

JUVENILE COURT DEPARTMENT OF THE TRIAL COURT. 
[General Laws, Chapter 21 IB, §1.] 

Chief Justice, Michael F. Edgerton. Court Administrator, Jane Strickland. 
3 Center Plaza, 7^^ Floor, Boston. 



BARNSTABLE COUNTY/TOWN OF PLYMOUTH JUVENILE 
COURT. 

First Justice, James J. Tomey. Clerk-Magistrate, Charles P. Andrade, 
Jr. Chief Probation Officer, John P. Millet. 

BERKSHIRE COUNTY DIVISION, JUVENILE COURT. 

First Justice, Daniel J. Swords. Clerk-Magistrate, Laura Rueli. Chief 
Probation Officer, William D. Gale. 

BRISTOL COUNTY DIVISION, JUVENILE COURT. 

First Justice, Hon. Bettina Borders. Associate Justices, Lawrence 
Moniz, John Spinale. Clerk-Magistrate, Ronald C. Arruda. Chief 
Probation Officer, Kevin Martin. 



ESSEX COUNTY DIVISION, JUVENILE COURT. 

First Justice, Sally F. Padden. Associate Justices, Michael F. 
Edgerton*, Mark Newman, Jose Sanchez. Clerk-Magistrate, Judith M. 
Brennan. Chief Probation Officer, Daniel Passacantilli. 



Judiciary. 



407 



FRANKLIN/HAMPSHIRE COUNTY DIVISION, 
JUVENILE COURT. 

First Justice, Lillian Miranda. Clerk-Magistrate, Christopher D. 
Reavey. Acting Chief Probation Officer, Peter J. Kotch, Jr. 



HAMPDEN COUNTY DIVISION, JUVENILE COURT. 

Presiding Justice, Daniel J. Swords. Associate Justices, Charles 
Belsky, Lois M. Eaton. Clerk-Magistrate, Donald Whitney. Acting Chief 
Probation Officer, Danny Baez. 



MIDDLESEX COUNTY DIVISION, JUVENILE COURT. 

First Justice, Jay D, Blitzman. Associate Justices, Margaret S. Fearey, 
Patricia Flynn, Kenneth King, Amy L. Nechtem, Gwendolyn R, Tyre. 
Clerk-Magistrate, Paul J. Hartnett. Acting Chief Probation Officer, Daniel 
J. Passacantilli. 



NORFOLK COUNTY DIVISION, JUVENILE COURT. 

First Justice, Mary M. McCallum. Associate Justice, Leslie A. 
Donahue. Acting Clerk-Magistrate, Robert L. Ryan. Chief Probation 
Officer, Thomas J. Mitchell. 



PLYMOUTH COUNTY DIVISION, JUVENILE COURT. 

First Justice, John P. Corbett. Associate Justice, Dana M. 
Gershengorn, Robert F. Murray. Acting Clerk-Magistrate, Nancy A. 
Roderick. Chief Probation Officer, Joel F. West. 



SUFFOLK COUNTY DIVISION, JUVENILE COURT. 

First Justice, Paul D. Lewis. Associate Justices, Terry M. Craven, 
Marjory A. C. German, Leslie E. Harris, Stephen M. Limon, James J. 
Tomey**. Clerk-Magistrate, Donna M. Ciampoli. Chief Probation Officer, 
Steven Siciliano. 



WORCESTER COUNTY DIVISION, JUVENILE COURT. 

First Justice, Carol Erskine. Associate Justices, Mary Beth Keating, 
George F. Leary, Deborah A.S. Capuano. Clerk-Magistrate, Craig D. 
Smith. Chief Probation Officer, Francyne LeFemine. 



408 



Judiciary. 



JUVENILE COURT CIRCUIT JUSTICES. 
EASTERN REGION 

Justices: Carol A. Erskine***, Joseph F. Johnston, Kathryn A. 

White. 

WESTERN REGION 

Justices: James G. Collins, Patricia M. Dunbar, Judith Locke. 



* 
** 
*** 



presently serves as Chief Justice of the Juvenile Court 
presently serves as First Justice, Barnstable County Division 
presently serves as First Justice, Worcester County Division 



Judiciary. 



409 



DISTRICT ATTORNEYS. 

NORTHERN DISTRICT (Middlesex County) — District Attorney: 
Gerard T. Leone, Jr., Chief Trial Counsel & Chief of Homicide: Michael 
Fabbri, Chief Legal Counsel: Lorena Lillios, Senior Homicide Advisor: 
John McEvoy, General Counsel: Marian Ryan, Director Of 
Communications: Jessica Pastore, Chief of Victim Witness Services: 
Patrice Provitola, Director of Training and Professional Development: 
Patricia Gould, Director of Human Resources: Melissa Diorio; Assistant 
District Attorneys: Nicole Allain, Julia Andrus, Jennifer Bahnson, 
Melissa Baima, Christopher Baker, Fawn Balliro Andersen, Justine 
Bavaro, Darina Belar, Robert Bender, Deborah Bercovitch, Susanne 
Bines, Jeffrey Bourgeois, Katherine Briggs, Allison Brown, Clarence 
Brown, Doug Cannon, Alice Casey, Sean Casey, Tasnin Chowdhury, 
Kale Cimini, David Clayton, Kerry Collins, Cailiin Condon, Martha 
Coravos, James Corrmer, Kevin Curlin, Rourke Donnelly, Brian 
Doxtader, Katelyn Draper, Elizabeth Dunigan, Denise Duran, Kristyn 
Dusel, Sarah Ellis, Craig Estes, Anna Evans, Sarah Fallon, Patrick 
Fitzgerald, Katharine Folger, Lisa Fuccione, Joseph Gentile, Stephen 
Gilpayric, Heidi Gosule, Marguerite Grant, Michael Grant, Sean Griffin, 
Jennifer Handel, Daniel Harren, Steve Hoctor, Jessica Hogan, Melissa 
Johnsen, Michael Kaneb, Elizabelh Keeley, Kerry Anne Kilcoyne, Kate 
Kleimola, Suzanne Kantz, Cara Krysil, Samantha Kurkjy, Gina Kwon, 
Brook Lane, Sandra Langlais, Warren Lee, Jay Livingstone, Sieve 
Loughlin, Christina Lucci, Adrienne Lynch, Cc,ara Mhoney, Lisa 
McGovem, Kim McKenn, Sieve McKenna, Christopher McMahon, Tejal 
Mehta, Laura Miller, Christopher Minue, Usa Monanan, James Mulcahy, 
Douglas Nagengast, Jessica Noble, Kristen Palmieri, Thomas O'Reilly, 
Chanda Ouk, Joseph Palazzo, Lila Palmer, Anne Paruti, Margaret 
Pastuszak, Rachel Periman, Anne Pogue, Nina Pomponio, Robyn 
Pontremoli, Amanda Rowan, David Rubin, Kimberly Ruga, James 
Sahakian, Jonathan Sahrbeck, Corey Santos, Jeffrey Shapiro, Elizabeth 
Silverman, Casey Silvia, Jennifer Snook, Hallie Speight, Carrie Spiros, 
Dannon Stacer, Bethany Stevens, Felicia Sullivan, Ryan Sullivan, Marisa 
Tagliareni, Alison Takacs, Christopher Tarrant, Melinda Thompson, 
Elissa Torlo, Sheila Tracey, John Verner, Jodi Walker, Alexandra 
Watson, Megan Williams, Elisha Willis, Onyen Yong, Theresa Young, 
Samir Zaganjori. 

EASTERN DISTRICT (Essex County) — District Attorney, 
Jonathan W. Blodgett, Peabody. First Assistant, John T. Dawley, 
Winchester. Chief, Administration and Finance, Maureen Colby, 
Magnolia. Special Counsel, Thoams M. Donovan, Topsfield. Deputy 



410 



Judiciary. 



First Assistant, Mary-Alice Doyle, Georgetown. Director, Family 
Crimes and Sexual Assault Unit, Kate MacDougall, Salem. Executive 
Director, Victim/Witness Program, Cheryl Watson, Middleton. Director, 
Juvenile Justice Program, Ruth Budelmann, Beverly. Administrative 
Assistant Trial List, Felonies, Michelle Merullo, Peabody. Superior 
Court Supervisor, Gerald Shea, Newburyport. Assistants: Rachel 
Alexander Healey, Merrimac; John Brennan, Wenham; Kristen Buxton, 
Ipswich; Andrew Camelio, Somerville; Jean Curran, Ipswich; Jana 
DiNatale, Methuen; Kimberly Faitella, Georgetown; Greg Friedholm, 
Boston; James Gubitose, Peabody; Karen Hopwood, Hampton Falls, NH; 
Jennifer Kirshenbaum, Brookline; Maureen Leal, Pelham, NH; Francis 
MacDonald, Winthrop; William Melkonian, Winchester; Margaret 
Morrissey, Winchester; George Newman, Watertown; Michael Patten, 
Gloucester; Christina Ronan, Winchester; Michael Sheehan, Lynnfield; 
Marcia Slingerland, Beverly; Jessica Strasnick, Haverhill; Melissa 
Woodard, Wellesley. Chief, Appeals Division, Elin Graydon, Chestnut 
HilL Assistants: Kenneth Bresler, Newton; Ronald DeRosa, Chelmsford; 
David O'Sullivan, Salem; Catherine Semel, Wakefield; Kenneth 
Steinfield, Salem. 

NORFOLK DISTRICT (Norfolk County) — William R. Keating, 
Sharon. First Assistant District Attorney: Jeanmarie Carroll. Deputy 
District Attorney, Jonathan C. Rutley. Assistants: Pamela Alford; Michelle 
M. Armour; Lisa Beatty; Lynn Beland; Danielle Bertoni; Jennifer Blair; 
Catherine Cappelli; Thomas J. Cavanagh; Michael C. Connolly; Gregory 
P. Connor; Sabine Coyne; Tracey A. Cusick; Aboott S. Fenichel; Farah J. 
Ferris; Thomas L. Finigan; Siobhan Foley; Kevin Freytag; Matthew H. 
Friedel; Tania Gad; Michael F. Gaffney; Kevin Gaughen; John Healey; 
Carolyn Hely; Kathryn Nedelman Herbst; Daniel Kaye; Brian Kelley; 
Megan Kennedy; Craig Kowalski; Margaret Krippendorf; Varsha 
Kukafka;Michael Kurkjian; Adam Lally; Cam Le; Trisha Lee; E. David 
Levy; Courtney Linnehan; Michael Markoff; Keith McCray; Matthew 
McDonough; Erin Mclntyre; Jason Mohan; Erin Murphy; Robert Nelson; 
Emily Nesson; David Omiunu; George Papachristos; Debra Payton; Dian 
Piette; David Ringius; Bethany Rogers; Danielle Ross; Jennifer Rowe; 
Paul P. Sullivan; Lea Tatelman; Alexei Tymoczko; Elizabeth Walston; 
kate E. Welch; Brian W. Wilson.. 

CAPE AND ISLANDS DISTRICT (Barnstable, Dukes and 
Nantucket Counties) — District Attorney: Michael D, O'Keefe, 
Sandwich. First Assistants: Brian S. Glenny, Yarmouth Port; Michael A. 
Trudeau, West Harwich; Second Assistant: Sharon Thibeault, 
Marshfield; Chief of Operations: Thomas G. Shack, Cummaquid; Chief 



Judiciary. 



411 



Appellate Attorney, Julia K. Holler, Marstons Mills; Chief Domestic 
Violence Prosecutor: Lisa Edmonds, Falmouth; Superior Court 
Assistant District Attorneys: Nicole Manoog, Centerville; Tara 
Miltimore, Orleans; Chief District Court Prosecutor: Matthew Kelley, 
Harwich Port; District Court Assistant District Attorneys: Jennifer M. 
Bright, West Barnstable; Michael Donovan, West Yarmouth; Michelle 
Groff, Chatham; Genevieve Henrique, East Falmouth; Joseph P. 
Kennedy, West Hyannis Port; Kristy Lavigne, Sagamore Beach; Robert 
D. Moriarty, Centerville; Michael Patterson, West Yarmouth; Kerry A. 
Whalen, Hyannis, Daniel Higgins, Dennis; Jessica M. Croker, West 
Yarmouth; Benjamin L. Hirshfield, Barnstable; Assistant District 
Attorney for Dukes County, Laura Marshard, West Tisbury; Chief 
Juvenile Court Prosecutor, Eileen Connors Moriarty, Centerville; 
Victim/Witness Assistance Program Director: Susan O'Leary, 
Barnstable. 

BRISTOL DISTRICT (Bristol County) — C. Samuel Sutter. First 
Assistants: William McCauley; Thomas M. Quinn. Second Assistants: 
Paul Machado; Silvia Budman. Assistant District Attorneys: Mark 
Boivin; Cynthia Brackett; William Brownell; Diane Bunk; Stephen 
Butts, Ken Clark; Dennis Collins; William Connolly; Katie Cook; Kelly 
Costa; Derek Coyne; John Dean; Robert DiGiantomaso; Mark Donovan; 
Rachel Eisenhaure; Bill Farias; John Flor; Maryclare Flynn; William 
Flynn; Brian Foley; Garrett Fregault; Steven Gagne; David Gold; 
Jennifer Gonzalez; M. Jackson Jones; Robert Kidd; Kelly Kuchera; Lesly 
Leahy; Jessica Lennon; Cindy Letourneau; Tracy Little; David Mark; 
John McElroy; James McKenna; Mimi McMahon; Carolyn Morrissette; 
Stephen Nadeau; Elizabeth Pereira; TJ Rebello; Carla Sauvignon; 
Richard Slowe; Casey Smith; Craig Souza; Kristen Spooner; Jennifer St. 
Laurent-Sowa; Jack Stapleton; Shoshana Stem; Aaron Strojny; Matthew 
Sylvia; Jennifer Thompson; Gregory Tinsworth; Amy Valente; Ray eary; 
Daniel Walsh; Amelia Wilson; Car Woodworth; Brian Zuanich. 

MIDDLE DISTRICT (Worcester County) — Joseph D. Early, Jr., 
Worcester. Senior First Assistant District Attorney: Daniel J. Bennett. 
First Assistant District Attorneyand Supervisor, Domestic Violence Unit: 
Edward N. Karcasinas, Jr. Paralegal to the District Attorney: Jennifer 
M. Nadeau. Executive Administrator: Elizabeth A. Noonan Stammo. 
Chief Trial Counsel: Thomas E. Landry. Director, Appeals Unit: Jane 
A. Sullivan. Director, Juvenile Court Division: Donald G. Xenos, 11. 
Director. CDC and Six-Person Jury: Marc W. Dupuis. Director of 
Communications: Timothy J. Connolly. Director, Victim/Witness 
Services: Margaret B. Rwaramba. Director of County Courts: Jon S. 



412 



Judiciary. 



Hartmere. Supervisor, Drug Unit: Paul F. Bolton. Supervisor Sexual 
Assault/Child Abuse Unit: Maura K. McCarthy. Supervisor, 
Administrative Staff: Christine A. Valery. Fiscal Administrators: 
Elisabeth A. Dacri, Sheila A. Hamilton. Assistant District Attorneys: 
Michael A. Avis, Ian M. Bennie, Gregory P. Benoit, Christienne K. Bik, 
Elizabeth A. Brennan, William W. Butler, Angelo A. Calagione, Stephen 
J. Carley, Lisa Casella, Jillian N. Celozzi, Brian M. D'Andrea, Nadia A. 
Darkazalli, Gina M. DiBaro, Brett F. Dillon, Ryan P. Donahue, Erin E. 
Donnelly, Timothy M. Farrell, David P. Feraco, Kanchanna Fernando, 
Patricia Flannery, Paula J. Frasso, Laura N. Gilmartin, Francis X. 
Gribbons, Daniel J. Guerra, Donna Marie Haran, Sandra L. Hautanen, 
paul F. Healy, Christopher P. Hodgens, Daniella Isildakli, Harold E. 
Johnson, Michelle Lavigne Joubert, Jennifer s. Karlin, Anne S. Kennedy, 
John F. Kennedy, Michelle R. King, Jason L. Lemieux, Margaret J. 
Lesure, William E. Loughlin, Glenn A. Ludwig, Michael J. Luzzo, 
Anthony J. Marotta, Michael D. McHugh, Terry J. McLaughlin, Anthony 
H. Melia, Ellyn H. Lazar Moore, Joseph T. Moriarty, Jr., Matthew J. 
Mullaney, Lawrence J. Murphy, Mark J. Murphy, Matthew J. Nugent, 
John J. O'Brien, Jr., Roberta A. O'Brien, Susan M. Oftring, John A. 
O'Leary, Robert J. Pellegrini, Jennifer Romeo-Porcaro, Courtney F. 
Price, Joseph A. Quinlan, Terrence M. Reidy, Joseph J. Reilly, III, 
Julieanne Richard, Sarah B. Richardson, Cheryl R. Riddle, Michael G. 
Salloum, Kristin L. Salvatore, Courtney L. Sans, Scarlett A. Scannell, 
Martha J. Sesnovich, Robert T. Shea, Joseph A. Simmons, Kassia E. 
Smith, Patricia C. Smith, Jeffrey T. Travers, Cesar A. Vega, Krista L. 
Wallace, Lisa Jean Wells, Timothy A. Westerman. 

HAMPDEN DISTRICT (Hampden County) — District Attorney, 
Mark G. Mastroianni, Westfield. First Assistant, James C. Orenstein, 
Longmeadow. Superior Court Assistant District Attorneys: Ellen Berger, 
Northampton; Donna Donato, Springfield; Melissa Doran, Haydenville; 
Elizabeth Dunphy Farris, Longmeadow; James Forsyth, Wilbraham ; 
Dave Gagne, East Longmeadow; James Goodhines, Longmeadow ; Mary 
Hiser, Longmeadow; Richard Morse , Amherst; Jane Mulqueen, South 
Hadley; Joan O'Brien, Westfield; Patrick Sabbs, South Hadley; Howard 
Safford, Feeding Hills; Eileen Sears, Holyoke; Matthew Shea, 
Longmeadow; Karen Southerland, East Longmeadow; Eduardo 
Velazquez, Rutland; Maida Wassermann, Westfield; Anne Yereniuk, 
Northampton. Appellate Division Assistant District Attorneys: Deborah 
Ahlstrom, Windsor, Ct; Dianne Dillon, Springfield; Marcia Julian, 
Wilbraham; Bethany Lynch, West Springfield; Katherine McMahon, 
Holyoke; Jane Montori, Longmeadow; Katherine Robertson, Conway. 
District Court Assistant District Attorneys: Marie Angers, Southampton; 



Judiciary. 



413 



Karen Bell, Ludlow; Maximilian Bennett, Springfield; John Bryson, 
West Springfield; Frederick Burns, Westfield; James Channing, 
Springfield; Timothy Chretien, Enfield, Ct.; Neal Desroches, South 
Hadley; Joan Dietz, Holyoke; Jennifer Fitzgerald, Longmeadow; Ingrid 
Frau, Chicopee; Curtis Frick, Longmeadow; Anthony Gulluni, 
Springfield; Jack Jerzyk, Granby; David Lemasa, South Windsor, Ct.; 
Margaret Moriarty Martin, Chicopee; Karen McCarthy, Longmeadow; 
Samuel Medina, Amherst; Magali Montes, Springfield; Jill O'Connor, 
East Longmeadow; Lori Odierna, Longmeadow; Mary Partyka, 
Chicopee; Sarah Pascale, Springfield; Cindy Payne, Agawam; James 
Roux, East Longmeadow; Shelly Sankar, Springfield; Cary Szafranski, 
West Springfield; Grace Taylor, Springfield; Stuart Weissman, 
Longmeadow; Alyson Yorlano, Westfield. 

NORTHWESTERN DISTRICT (Hampshire and Franklin Counties; 
Town of Athol in Worcester County) — District Attorney, David E. 
Sullivan, Easthampton. Deputy District Attorney, Janice A. Healy, 
Conway. First Assistant District Attorney, Steven E. Gagne, Fairhaven. 
Assistant District Attorneys: Jeffrey Bengtson, Greenfield; Kristen 
Brandt, Norwood; Jeremy Bucci, Brookline; Joella Fortier, Belchertown; 
Steven Greenbaum, Westhampton; Beth Ann Lux,, Erving; Benjamin P. 
Mann, Springfield; Michael McHale, Amherst; Robert Opsitnick, 
Chicopee; Jayme Parent, Florence; Cynthia M. Pepyne, Hatfield; Yvonne 
G. Pesce, Holyoke; Linda Pisano, Amherst; Scott P. Rathbun, Leverett; 
Caitlyn Rock, Sunderland; Michael Russo, Longmeadow; Janine M. 
Simonian, Williamsburg; Stephen J Sloan, .Holyoke; Rosemary 
Tarantino, Haydenville; Matthew Thomas, Northampton; Thomas 
Townsend, Longmeadow. 

BERKSHIRE DISTRICT (Berkshire County) — District Attorney, 
David F. Capeless, West Stockbridge. First Assistant, Paul J. Caccaviello, 
Dalton. Second Assistant, Robert W. Kinzer, III, Pittsfield. Assistants: 
Gregory M. Barry, Pittsfield; Gregory A. Bartlett, Adams; John P. Bosse, 
Pittsfield; Karen Carlo, Pittsfield; Mary-Elizabeth Dupelle Mack, 
Pittsfield; Rachael T. Eramo, Lanesborough; Jedd Hall, Lenoxdale; Kelly 
M. Kemp, North Adams; Richard M. Locke, Pittsfield; Jeffrey P. 
Morgan, Pittsfield; Dana A. Parsons, Pittsfield; Joseph A. Pieropan, 
Pittsfield; Marianne Shelvey, Pittsfield; Joseph M. Yorlano, Pittsfield. 

PLYMOUTH DISTRICT (Plymouth County) — District Attorney, 
Timothy J. Cruz, Marshfield. Chief Legal Counsel, Michael J. Horan. 
First Assistant, Frank J. Middleton, Jr., Deputy First Assistant, John E. 
Bradley, Jr. Assistant District Attorneys: Daniel Alexander; Lewis A. 



414 



Judiciary. 



Armistead, Jr.; David Belger; Heather Bradley; Carolyn Burbine; Courtney 
J. Cahill; Tara M. Cappola; Kimberly Cronin; Christopher J. Davidson; 
Sharon Donatelle; Eric Drury; E. Russell Eonas; Thomas J. Flanagan, Jr.; 
Kristin Freeman; Keith Garland; Stacy L, Gauthier; Joshua Gedraitis; 
Matthew W. Green; Catherine H. Ham; Jessica L. Healy; Joseph Higgins, 
III; Julia Holliday; Daniel J. Hourihan; Douglas Humphrey; Barbara J. 
Isola; Audrey Anderson Kachour; Jessica Katz; Keara A, Kelley; Timothy 
R. Kenny; Christine M. Kiggen; Jeremy Beth Kusmin; Mary Lee; Matthew 
Libby; Richard F. Linehan; Peter W. Maguire; Megan Mahoney-Palmer; 
Suzanne M. McDonough; Gail McKenna; Bridget Norton Middleton; Mary 
Nguyen; Karen O'Sullivan; Mary O' Sullivan-Smith; Frank Ribeiro; Donna 
M. Riordan; Michael F. Sheehan; Nancy Shine; Timothy A. Shyne; Shelby 
M. Smith; Jennifer L. Sprague; Kristen A. Stone; David R. Tedeschi; 
Robert C. Thompson; Laurie S. Yeshulas; Canan Yesilcimen; Alexander 
Zane. 

SUFFOLK DISTRICT (Suffolk County) — Daniel F. Conley, 
Boston. Assistant District Attorneys: Rilwan Adeduntan; Teresa Anderson; 
Troy Anderson; Maryrose Anthes-Weitz; Charles Bartoloni; Larry Bates; 
Edward Beagan; Erik Bennett; Lauren Bemath; Kristen Bonavita; David 
Bradley; Nicholas Brandt; Holly Broadbent; Melissa Brooks; Tara 
Burdman; Allison Callahan; Michael Callahan; Evandro Carvalho; 
Kathleen Celio; Kate Clayman; Kevin Cloutier; Christina Corda; Nicole 
Cordeiro; Rebecca Corke; Thomas Costello; Brendan Cox; Kristina 
Crawford; Edward Curley; David Deakin; Vincent DeMore III; Patrick 
Devlin; Michael DiStefano; Joseph Ditkoff; Ellen Mary Donahue; Caren 
Donovan; Matthew Feeney; Lynn Feigenbaum; Michelle Fleming; Brenna 
Flynn; Adam Foss; Kris Foster; David Fredette; Amy Galatis; Rebecca 
Geehr; Benjamin Goldberger; Alissa Goldhaber; Luke Goldworm; Michele 
Granda; Patrick Haggan; Mark Hallal; Montez Haywood; Gregory 
Henning; Christopher Henry; Jennifer Hickman; Julie Higgins; Zachary 
Hillman; Kathryn Hinman; Abigail Holland; Barrett Hyde; Craig lannini; 
Joseph Janezic; Darcy Jordan; Leora Joseph; Anna Kalluri; Michelle 
Kalowski; Elizabeth Keeley; Masai-Maliek King; Meghan King; Mindy 
Klenoff; Andrius Knasas; Byron Knight; Ursula Knight; Esther Laine; 
Mark Lee; Macy Lee; Ellen Lemire; Paul Linn; Spencer Lord; Gretchen 
Lundgren; Judith Lyons; Craig MacLellan; Katherine Martino; Mario 
Mazzone; David McGowan; Christopher Meade; Benjamin Megrian; 
Cameron Merrill; Christina Miller; Ryan Mingo; Stacie Moeser; Laura 
Montgomery; Gloriann Moroney Long; Daniel Mulhem; Patrick Mulligan; 
Migdalia Nails; Janis Noble; Philip O'Brien; Gerald Ogus; Jennifer 
OKeeffe; Megan O'Rourke; Joseph Pagliarulo; John Pappas; LaKeshia 
Parker; Peter Pasciucco; Marjorie Pauleon Tynes; Gabriel Pell; Lauren 



Judiciary. 



415 



Petrigno; Dana Pierce; Tonya Piatt; Ian Polumbaum; Linda Poulos; 
Katherine Powell; Elle Rackemann; Erika Reis; Elizabeth Riley; Nicole 
Rimar; Darcy Robertson; Helle Sachse; Kevin Santos; Gretchen Sherwood; 
Sarah Stancato; Gerald Stewart; Susan Terrey; Paul Treseler; Jonathan 
Tynes; Christine Walsh; Nicholas Walsh; Su-Lynn Walton; Brooke 
Watson; Lindsey Weinstein; Barbara Young; Christian Young; Edmond 
Zabin; Amy Zacharias; Mark Zanini; John Zanini. 



LIST OF THE 

Executive and Legislative 
Departments 

OF THE 

GOVERNMENT 

OF 

The Commonwealth of Massachusetts 

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH WITH 
PLACES OF RESIDENCE 

2011-2012 



1 



EXECUTIVE DEPARTMENT 



GOVERNOR, 

His Excellency, Deval Patrick (D) 
of Milton. 



LIEUTENANT-GOVERNOR. 

His Honor, Timothy P. Murray (D) 
of Worcester. 



District Council. 

I. — Charles Cipollini (R) of Fall River. 

II. — Kelly A. Timilty (D) of Boston. 

IIL — Marilyn Petitto Devaney (D) of Watertown. 

IV. — Christopher A. Iannella, Jr. (D) of Boston. 

V. — Mary-Ellen Manning (D) of Salem. 
VI. — Terrence Kennedy (D) of Lynnfield. 

Vll. — Jennie Caissie (R) of Oxford. 
VIII. — Thomas P. Merrigan (D) of Greenfield. 



419 



420 



Executive Department. 



Governor's Senior Staff 



William "Mo" Cowan Chief of Staff 

Sydney Asbury Deputy Chief of Staff & Political Director 

Katie Joyce Chief of Staff Lt. Governor 

Ken Brown Senior Advisor for Special Projects 

Kate Cook Director of Cabinet Affairs 

Mark A. Reilly Chief Legal Counsel 

Brendan Ryan Director of Communications & Planning 

Ron Bell Senior Advisor for Community Affairs 

Rosemary Powers Director of Government Affairs 

Jewel James Director of Federal State Relations 



Military Establishment 

His Excellency, Deval Patrick, Commander-in-Chief. 

Military Division 
State Staff 

MG Joseph C. Carter, The Adjutant General Oaks Bluffs 

BG Thomas J. Sellars, Assistant Adjutant General .... Randolph, 
COL Gary W. Keefe, Assistant Adjustant General-Air . . Florence 
COL (Ret) Raymond Murphy, Assistant Adjutant General-Army 

Burlington 

COL (Ret) Mark Murray, State Quartermaster West Boylston 

COL (Ret) Christopher Henes, Deputy State Judge Advocate 

Westwood 

COL Alexandra L. Accardi, State Surgeon South Easton 

Mr. Timothy F. Cullen, General Counsel & Legislative Liaison 

Milton 

Mr. Joseph Wolfgang, CFO & Director Admin & Finance 



Andover 

Chief Walter F. Stecchi, MMR Fire Dept Mashpee 

Commanders, Massachusetts Army National Guard 

Land Component Commander, MA ARNG: 

BG Thomas J. Sellars Randolph 

Assistant Adjutant General-Army: 

BG Paul Smith Ashbumham, MA 

Chief of Staff, JFHQ & MA ARNG: 

COL Francis B. Magum . Littleton, MA 



Executive Department. 



421 



79th Xroop Command: 

LTC Paul Landry Sudbury, MA 

26*hYankee Brigade: 

COL John Hammond Burlington, MA 

151^^ Regional Support Group: 

COL Gregory McDonald Framingham, MA 

51st Troop Command: 

COL Joseph Noonan Maiden, MA 

Regional Training Institute: 

COL Charles Perenick Duxbury, MA 

Camp Edwards: 

COL Richard Crivello Millville, MA 

Medical Command: 

LTC Raymond Feeley , Winthrop, MA 

1/1 81 St Infantry Battalion: 

LTC Anthony Couture Sterling, MA 

1/1 82"^ Infantry Battalion: 

LTC Thomas Stewart Sturbridge, MA 

126^^ Brigade Support Battalion: 

LTC Christine Hoffmann . Westford, MA 

164^^ Transportation Battalion: 

LTC Richard Rollins . Wobum, MA 

Recruiting and Retention Command: 

LTC John Driscoll Springfield, MA 

Commanders, Massachusetts Air National Guard 



Commander/Chief of Staff: 

Maj Gen Leon S. Rice Southampton, MA 

Director of Staff: 

COL Peter T. Green III Southwick, MA 

102"^ Intelligence Wing: 

COL Anthony E. Schiavi . E. Harwich, MA 

104th Fighter Wing: 

COL Robert T. Brooks, Jr. . Longmeadow, MA 

253^^ Combat Communications Group: 

LTC Mark F. Kelley Medway, MA 

267th Combat Communications Squadron: 

LTC Michael L. Reichard Schenectady, NY 

212th Engineering Installation Squadron: 

LTC Scott A. Dumford Lunenburg, MA 



422 Executive Department. 



Secretary of the Commonwealth. 

William Francis Galvin (D) of Boston 

Alan N. Cote, First Deputy/Supervisor of Public Records, 

17th Floor, McCormack Building, Boston. 
Laurie T. Flynn, Maiden, Chief Legal Counsel/Director of Corporatii 

17th Floor, McCormack Building, Boston. 
Kelly Kopyt, Salem, Director of Registry of Deeds, 

16th Floor, McCormack Building, Boston. 
Michael A. Maresco, Marshfield, Assistant Secretary/Director of 

Legislation, Room 337, State House, Boston. 
Paul C. McCarthy, Bellingham, Director of Administrative Services, 

17th Floor, McCormack Building, Boston. 
Mary McCusker, Auburn, Director of Human Resources, 

16th Floor, McCormack Building, Boston. 
Thomas Blazej, Melrose, Director of Graphic Communications, 

16th Floor, McCormack Building, Boston. 
Michelle K. Tassinari, Legal Counsel for Elections, 

17th Floor, McCormack Building, Boston. 
John D. Warner, Jr., Norwood, Director of Archives, 

State Archives Building, Columbia Point, Boston. 
Michael Comeau, Assitant Director of Archives, 

State Archives Building, Columbia Point, Boston. 
Richard Sundstrom, Westborough, Director of Archives Building 

Facility, State Archives Building, Columbia Point, Boston. 
Brian Shea, Norton, Director of State Records Center, 

State Archives Building, Columbia Point, Boston. 
Brona Simon, Director, Massachusetts Historical 

Commission, State Archives Building, Columbia Point, Boston. 
Stephen Kenney, Quincy, Director of Commonwealth Museum, 

State Archives Building, Columbia Point, Boston. 
Bryan J. Lantagne, Director of Securities, 

17th Floor, McCormack Building, Boston. 
Steve Kfoury, Lawrence, Director of State Publications and 

Regulations, 16th Floor, McCormack Building, Boston. 
Mary Rinehart-Stankiewicz, Andover, Director of State House Tours, 

Room 194, State House, Boston. 
Corolette Goodwin, Salem, Director of Central Services, 

Room 2A, McCormack Building, Boston. 
Barry Sullivan, Director, Southeastern Offices, 

Fall River, MA 
Catherine Malta, Director, Western Offices, 

Springfield, MA 



Executive Department. 



423 



Treasurer and Receiver-General 

Steven Grossman (D) 



Katherine Craven First Deputy 

Treasurer and Executive Director of the Massachusetts School 

Building Authority 
James MacDonald Deputy 

Treasurer of Investment Operations 
Nicola Favorito Deputy 

Treasurer of Retirement Services 
Eileen G. Glovsky Deputy 

Treasure of Administrative Operations 
Kim S. Gainsboro Deptuy 

Treasurer of Community and Veterans ' Services and Chairman 

of the Alcoholic Beverages Control Commission 
Jamey Tesler General 

Counsel 

Colin MacNaught Assistant 

Treasurer, Debt Management 
Michael G. Trotsky Executive 

Director, Pension Reserves Investment Management Board 
Paul Stemburg , Executive 

Director of the Massachusetts State Lottery 
David Riedell Executive 

Director of the Massachusetts Water Pollution Abatement Trust 
Mark W. Bracken Assistant 

Treasurer, Abandoned Property 
Peter Navarro Assistant 

Treasurer, Information and Technology 
Jessie Saintcyr Assistant 

Treasurer, Director of Human Resources 
Al Gordon Assistant 

Treasurer, Director of Policy 
Barry Nolan Director of 

Communications 

Delia E. Rissmiller Director of 

Scheduling 

Barbara L'ltalien Director of 

Government Affairs 
Francis Orlando . Deputy 

Director of Government Affairs 

Leanne Martin Director of 

Financial Eduction 

Kathryn R. Burton . Chief of Staff 

David P. Lynch Director of 

Deferred Compensation 



424 



Executive Department. 



Auditor of the Commonwealth. 

Suzanne M. Bump, Esq. (D) of Great Barrington. 



Laura M. Marlin First Deputy Auditor 

John Parsons Deputy of Audit Operations 

Gerald McDonough Deputy of Legal and Policy 

Pamela Lomax . Deputy of Administration and Finance 

Maryann Kelley Director of Intergovernmental Affairs 

Bemadette O'Malley Director of External Affairs 

Attorney General 

Martha Coakley (D) of Medford 

Edward Bedrosian, Jr First Assistant Attorney General 

Sheila Calkins Deputy Attorney General 

Kevin Conroy Deputy Attorney General 

Cory Welford Chief of Staff 

Dennis Newman Special Counsel to the Attorney General 

Judy Zeprun Kalman Deputy General Counsel 

Jennifer Stark Chief of Policy & Government Division 

Liam Lowney Chief of Victim Services Dicision 

Melissa Karpinsky Press Secretary 

Maeghan Silverberg Director of External Affairs 

Ron Calabria Chief Information Officer 

Mary Sullivan Community Information & Education Director 

Daniel Condon CIED Public Inquiry and Assistance Center 



I. Executive Bureau 

One Ashburton Place, Boston, MA 02108 
(20th and 1 8th Floors) 

a. Human Resources Office 

Jean Mejia, Director of Employee Relations & Recruitment 
Darlene Puleo, Director of Personnel Administration 
& Compensation. 

b. Budget Office 
William Green, Director. 
Eugene Schwamb, Deputy Director 

c. Operations & Support Services Division 
James Donovan, Director. 

d. Law Library 

Kevin Coakley- Welch, Law Librarian 



Executive Department. 



425 



II. Business and Labor Bureau 
Jed Nosal, Chief. 

a. Business Technology & Economic Development Division 
Brooke Thomson, Division Chief. 

b. Energy & Telecommunications Division 
Jesse Reyes, Division Chief 

c. Fair Labor Division 

Jeffrey Webb, Division Chief 
Jocelyn Jones, Deputy Division Chief 

d. Medicaid Fraud Division 
Nat Yeager, Division Chief 

Steven Hoffman, Deputy Division Chief 

e. Not-For-Profit Organizations Division 
David Spackman, Division Chief 

III. Criminal Bureau 
Christoopher Walsh, Bureau Chief. 
Glenn Cunha, Managing Attorney. 

a. Appeals Division 

Natalie Monroe, Division Chief. 

b. Cybercrime Division 
Thomas Ralph, Division Chief. 

c. Insurance & Unemployment Fraud Division 
Margret Cooke, Division Chief 

d. Public Integrity Division 
James O'Brien, Division Chief 

e. Enterprise and Major Crimes Division 
Dean Mazzone, Division Chief 

f Environmental Crimes Strike Force Division 
Andrew Rainer, Division Chief. 

g. State Police Detective Unit 
Detective Robert Irwin. 

h. Victim Compensation & Assistance Division 
Lisa Solecki, Director. 

IV. Government Bureau 

Jennifer Miller, Bureau Chief 
Peter Sacks, Deputy Bureau Chief. 



426 



Executive Department. 



a. Administrative Law Division 
William Porter, Division Chief. 
Robert Quinan, Managing Attorney 

b. Trial Division 

Helene Kazanjian, Division Chief. 
James Sweeney, Deputy Division Chief 

c. Municipal Law Unit 

Margaret Hurley, Law Unit Chief. 

d. Open Government Division 
Amy Nable, Division Chief. 



V. Public Protection Advocacy Bureau 
Chris Barry-Smith, Chief. 
Stephanie Kahn, Deputy Bureau Chief. 



a. AntiTrust Division 

Jesse Caplan, Division Chief. 

b. Antitrust Division 

William Matlack, Division Chief. 

c. Civil Rights Division 
Maura Healey, Division Chief. 

Bethany Brown, Disability Rights Project Director. 

d. Consumer Protection Division 
Scott Schafer, Division Chief. 

David Monahan, Division Deputy Chief. 

e. Environmental Protection Division 
William Pardee, Division Chief. 

f. Health Care Division 

Thomas O'Brien, Division Chief. 

h. Insurance & Financial Services Division 
Glenn Kaplan, Division Chief. 
Monica Brookman, Deputy Chief. 

i. Investigations Division 
Quinton Dale, Division Chief. 



VI. Regional Offices of the Attorney General 



a. Central Massachusetts Regional Office 

One Exchange Place, Worcester, MA 01608-1500 
Tel: (508) 792-7600; TTY: (617) 727-4765; 
Fax: (508) 795-1991 
Margaret Hurley, Regional Chief 

b. Southeastern Massachusetts Regional Office 



Executive Department. 



All 



105 William St., New Bedford, MA 02740-6257 
Tel: (508) 990-9700; TTY: (617) 727-4765; 
Fax: (508) 997-8686 
Stephen Marshalek, Regional Chief, 
c. Western Massachusetts Regional Office 

1350 Main Street 4^^ Fl., Springfield, MA 01 103-1629 
Tel: (413) 784-1240; TTY: (617) 727-4765; 
Fax: (413) 784-1244 
(Vacant), Regional Chief 



Office of the Inspector General. 

[Chapter 579 of the Acts of 1980, as amended] 

Gregory W. Sullivan, Inspector General, Norwood. 

Richard Finocchio, First Assistant Inspector General . . Marblehead 
Jack McCarthy, Senior Assistant Inspector General .... Norwood 

Barbara Hansberry, General Counsel Watertown 

Mary Beth Farrelly, Chief Financial Officer 



GOVERNOR'S Cabinet 



Governor's Cabinet. 



431 



Governor's Cabinet. 

[Chapter 704 of the Acts of 1969, as amended.] 

[This listing includes the Secretariats, as reorganized under Chapter 57 of 
the Acts of 1996, and subsequently amended by sections 10 and 527 of 
Chapter 151 of the Acts of 1996, Executive Departments that report 
directly to the Governor, and boards that are appointed by the Governor.] 

SECRETARIATS, 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. 

Executive Secretary, Jay Gonzalez. 
Undersecretary, Matthew J. Gorzkowicz. 

Assistant Secretary for Finance and Infrastructure, Greg Mennis. 
Assistant Secretary for Access and Opportunity, Ronald G. Marlow 

Major Agency Heads: 

Bureau of State Office Buildings (BSB), Carole Comelison, 
Superintendent. 

Division of Capital Asset Management and Maintenance (DCAM), 

David Perini, Commissioner. 
Civil Service Commission (CSC), Chris Bowman, Chairperson. 
Office of the Comptroller (OSC), Martin Benison, Comptroller. 
Massachusetts Development Disabilities Council (MDDC), Daniel 

Shannon, Executive Director. 
Massachusetts Office on Disability (MOD), Myra Berloff, Director. 
Group Insurance Commission (QIC), Dolores L. Mitchell, Executive 

Director. 

Board of Library Commissioners (BLC), Robert Maier, Director. 
Information Technology Division (ITD), Acting Commonwealth Chief 

Information Officer, John Letchford. 
Massachusetts Teachers ' Retirement Board (MTRB), Joan Schloss, 

Chairman. 

Division of Human Resources (HRD), Paul Dietl, Chief Human 

Resources Officer. 
Public Employee Retirement Administration Commission (PERAC), 

Joseph Connarton, Executive Director. 
Department of Revenue (DOR), Navjeet Bal, Commissioner. 
State Library (George Fingold), Elvemoy Johnson, State Librarian. 
Operational Services Division (OSD), William McAvoy, Acting State 
Purchasing Agent. 



432 



Governor's Cabinet. 



Agencies Include: — 

Division of Administrative Law Appeals (DALA). 

Appellate Tax Board (ATB). 

Bureau of State Office Buildings (BSB). 

Division of Capital Asset Management (DCAM). 

Civil Service Commission (CSC). 

Office of the Comptroller (OSC). 

Massachusetts Development Disabilities Council (MDDC). 
Massachusetts Office On Disability (MOD) . 
Group Insurance Commission (GIC). 
Board of Library Commissioners (BLC). 
Information Technology Division (ITD). 
Massachusetts Teachers' Retirement Board (MTRB). 
Division of Human Resources (HRD). 
Operational Services Division (OSD). 

Public Employee Retirement Administration Commission (PERAC). 
Department of Revenue (DOR). 
State Library (LIB). 

EXECUTIVE OFFICE OF ELDER AFFAIRS. 
[Chapter 1 168 of the Acts of 1973.] 

Secretary, Ann L. Hartstein. 

Chief of Staff Susan Thomson, Maiden. 

Executive Assistant to the Secretary of Elder Affairs, CoWtQn McHatton. 
Undersecretary, Program and Administration, Sandra K. Albright, 
Milton. 

Assistant Secretary, Planning & Program Development, Ruth Palombo, 
Arlington. 

Assistant Secretary, Office of Long Term Care, Rachel Richards, Stow. 

General Counsel, Stan Eichner, Somerville. 

Director of Administration & Finance, Peter Tieman, Holden. 

Budget Director, Katherine Harvell, Sudbury 

Communications Director, Martina Jackson, Newton. 

Legislative Director, Siobhan Coyle, Beverly. 



EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. 
Secretary, Stephen Pritchard. 

Undersecretary for Policy & Acting Chief of Staff, James Stergios. 
General Counsel, Mary Griffin. 



Governor 's Cabinet. 



433 



Assistant Secretary for Public Affairs, Joseph O 'Keefe. 

Assistant Secretary for Environmental Review, Deerin Babb-Brott. 

Assistant Secretary for Human Resources, Mary Sharkey. 

Director of Coastal Zone Management, Susan Snow-Cotter. 

Director of Conservation Services & Forest Policy, Robert O'Connor, 

Director of the Environment Trust, Robbin Peach. 

Director of Geographic Information Services, Christian Jacqz. 

Director of Environmental Law Enforcement, James Hanlon. 

Director of Public/Private Partnerships, Betsy Shure-Gross. 

Director of Technical Assistance, Paul Richard. 

DEPARTMENT OF AGRICULTURAL RESOURCES 

Commissioner, Douglas Gillespie. 

Deputy Commissioner & Chief of Staff, Kent Lage. 

DEPARTMENT OF CONSER VA TION & RECREA TION 
Acting Commissioner, Stephen Pritchard. 
Acting Chief of Staff, Josh Bagnato. 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 
Commissioner, Robert Golledge. 
Chief of Staff Philip Griffiths. 

DEPARTMENT OF FISH & GAME 
Commissioner, David Peters. 
Program Coordinator, Robert Greco. 

MASSACHUSETTS WATER RESOURCES AUTHORITY 
Chairman of the Board, Stephen Pritchard. 
Executive Director, Fred Laske. 

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. 

Secretary, Dr. Judy Ann Bigby. 

Assistant Secretary for Children, Youth & Families: 

Marilyn Anderson Chase 
Assistant Secretary for Disability Policies & Programs: Jean McGuire 
Assistant Secretary for Office of Health Services: Sarah Iselin 
Policy Director: Melissa Shannon 
Legislative Director: David Martin 
Communications Director: Juan Martinez 

MAJOR AGENCY HEADS: — 

Commission for the Blind, Janet LaBreck, Commissioner. 
Commission for the Deaf and Hard of Hearing, Heidi Reed, 
Commissioner. 



434 



Governor's Cabinet. 



Department of Social Services, Angelo McClain, Commissioner. 
Department of Mental Health, Barbara Leadholm, Interim 
Commissioner. 

Department of Mental Retardation, Elin Howe, Commissioner. 
Department of Public Health, John Auerbach, Commissioner. 
Department of Transitional Assistance, Julie Kehoe, Commissioner. 
Department of Youth Services, Jane Tewksbury, Commissioner. 
Division of Health Care Finance and Policy, Sarah Iselin, Acting 
Commissioner. 

Executive Office of Affairs: Ellie Shea-Delaney, Acting Secretary. 
Executive Office of Veterans ' Services: Thomas G. Kelley, Secretary. 
Massachusetts Rehabilitation Commission, Charles Carr, Commissioner. 
Office of Medicaid: Thomas Dehner, Dirctor 

Office of Refugees and Immigrants, Pierre Imbert, Executive Assistant. 
Soldiers ' Home in Chelsea, Michael Resca, Commandant. 
Soldiers ' Home in Holyoke, Paul A. Morin, Superintendent. 
UMass medical School Commonwealth Medicine: Thomas D. Manning, 
Deputy Chancellor. 

Agencies Include: — 

Department of Mental Health. 

Department of Social Services. 

Office of Child Care Services. 

Department of Transitional Assistance. 

Department of Public Health. 

Division of Health Care Finance and Policy. 

Division of Medical Assistance. 

Massachusetts Rehabilitation Commission. 

Commission for the Blind. 

Commission for the Deaf and Hard of Hearing. 

Soldiers' Home in Chelsea. 

Soldiers' Home in Holyoke. 

Department of Youth Services. 

Department of Mental Retardation. 

Office of Refugees and Immigration. 

Advisory Boards: — 

Board of Trustees of all State Hospitals and State Schools. 

Refugee Advisory Council. 

Mental Health Advisory Council. 

Mental Retardation Advisory Council. 

Commission for Licensing Radiologist Technologists. 

Health Facilities Appeal Board. 



Governor's Cabinet. 



435 



Governor's Commission on Physical Fitness, 
Public Health Council. 

Advisory Board for Lead Paint Poisoning Program. 
Nutrition Board. 

Organ Transplant Fund Advisory Board. 

Drug Formulary Commission. 

Advisory Council on Radiation Protection. 

Advisory Council on Alcoholism. 

Drug Addiction Rehabilitation Board. 

Board of Trustees Massachusetts Hospital School. 

Board of Trustees Tewksbury Hospital. 

Advisory Council to the Massachusetts Rehabilitation Commission. 
Advisory Council to the Massachusetts Commission for the Blind. 
Advisory Council to the Massachusetts Commission for the Deaf and 

Hard of Hearing. 
Board of Trustees of the Soldiers' Home in Chelsea, 
Board of Trustees of the Soldiers' Home in Holyoke, 
Statewide Independent Living Council, 
Children's Trust Fund. 

Advisory Committee on Chaplains in State Institutions. 
Adolescent Health Council. 

EXECUTIVE OFFICE OF PUBLIC SAFETY. 
Executive Secretary, Mary Elizabeth Hefferman. 

Undersecretary, John Grossman, Forensic Science and Technology and 

Acting Chief of Staff 
Undersecretary, Sandra McCroon, Criminal Justice. 
Undersecretary, Kurt Schwartz, Law Enforcement & Fire Services and 

Homeland Security. 
Senior Counsel for Law Enforcement and Fire Services, Karen Wells. 
General Counsel, Greg Massing. 
Director of Communications, Terrel Harris. 
Legislative Director, Michelle Goldman. 
Senior Policy Advisor, Nurys Camargo. 

Manager of Public Policy and Public Affairs, Michael Christopher. 
Major Agency Heads: — 

Department of Criminal Justice Information Services, Curtis Wood, 

Executive Director. 
Department of Correction, Luis Spencer, Acting Commissioner. 
Department of Fire Services, Steve Coan, Fire Marshal. 
Department of Public Safety, Thomas Gatzunnis, Commissioner. 



436 



Governor's Cabinet. 



EOPS - Office of Grants and Research, Ellen Frank, Executive Director. 
Massachusetts Emergency Management Agency, Kurt Schwartz, Acting 
Director. 

Merit Rating Board, Mary Ann Mulhall, Director. 
Municipal Police Training Council, Dan Zickovich, Executive Director. 
Massachusetts National Guard, Major General Joseph Carter, The 
Adjutant General. 

Office of the Medical Examiner, Henry Nields Md, PHD, Chief Medical 
Examiner. 

Parole Board, Josh Wall, Executive Director. 
Sex Offender Registry Board, Saundra Edwards, Chairperson, 
State Police, Colonel Marian McGovem, Superintendent. 
Statewide Emergency Telecommunications Board, Frank Pozniak, 
Executive Director. 

Agencies Include: — 

Department of Public Safety 

- Amusement Advisory Board 

- Architectural Access Board 

- Board of Boiler Rules. 

- Board of Building Regulations and Standards. 

- Board of Elevator Appeals. 

- Board of Elevator Examiners. 

- Board of Elevator Regulations. 

- Bureau of Pipefitters, Sprinklerfitters, & Refrigeration 

Technicians. 

- Massachusetts Boxing Commission. 

- Recreational Tramway Board. 
Criminal History System Board 

- Firearm Licensing Review Board. 

- Gun Control Advisory Board. 
Department of Fire Services 

- Board of Fire Prevention Regulations. 

- Fire Safety Commission. 

- Fire Training Council. 

- Hazardous Materials Mitigation Emergency Response 

Advisory Board. 
Office of the Chief Medical Examiner 

- Medico-Legal Investigation Commission. 
Department of Corrections 
Massachusetts Emergency Management Agency 
Merit Rating Board 



Governor's Cabinet. 



437 



Municipal Police Training Committee 
Massachusetts National Guard 
Parole Board 

Sex Offender Registry Board 
Massachusetts State Police 

Statewide Emergency Telecommunications Board 
Office of Grants & Research 

- Highway Safety Bureau 

- Juvenile Justice Advisory Board 



EXECUTIVE OFFICE OF TRANSPORTATION 
AND PUBLIC WORKS. 



CEO and Secretary of Transportation, Jeffrey B. Mullen 

Chief of Staff Susan L. Quinones. 

Assistant Secretary, Joe Landolfi. 

Chief Financial Officer, Arthur Shea. 

Chief Information Officer, Mary- Joe Perry. 

Chief Administrative Officer, Ken Weber. 

Executive Director of Transportation Planning, David Mohler. 

Director of Real Estate and ASset Development, Peter O'Connor. 

Director of Performance Management and Innovation, Albert Shaw. 

Director of Audit, Beth Pellegrini 

Legislative Director, Jefferson Smith 

General Counsel, Monica Conyngham. 

Director of Civil Rights, John Lozada. 

Division Administrators: — 

Acting Highway Division Administrator, Luisa Paiewonsky. 

Registry of Motor Vehicles Registrar, Rachel Kaprielian. 

Rail and Transit Division Administrator and MBTA General Manager, 

Rishard Davey. 
Aeronautics Division Administrator, Christopher Willenborg 

Agencies Include: — 

Massachusetts Aeronautics Commission. 
Massachusetts Highway Department. 
Registry of Motor Vehicles. 
Massachusetts Bay Transportation Authority. 
Regional Transportation Authorities. 



438 



Governor's Cabinet. 



DEPARTMENTS AND OFFICES REPORTING 
DIRECTLY TO GOVERNOR. 

OFFICE OF CONSUMER AFFAIRS AND 
BUSINESS REGULATION. 



Undersecretary, Barbara Anthony. 

Chief of Staff, Sandra Clark. 

General Counsel, Diane Lawton. 

Director of Communications, Jason Lefferts. 

Director of Consumer Education, Nicole O'Toole. 

Chief Financial Officer, Gray Holmes. 

Executive Assistant, Maureen Tobin. 

Major Agency Heads: — 

Division of Banks, David Cotney, Commissioner; Joseph Leonard, 

General Counsel. 
Division of Insurance, Joseph G. Murphy, Commissioner. 
Division of Telecommunications and Cable, Geoflfrey Why, Commissioner. 
Division of Professional Licensure, Charles Walker, Interim Director. 
Division of Standards, Charles Carroll, Deputy Director. 

Agencies Include: — 
Division of Banks. 
Division of Insurance. 
Division of Telecommunications and Cable. 
Division of Standards. 
Division of Professional Licensure: 

Board of Registration of Health Officers. 

Board of Public Accountancy. 

Board of Registration of Allied Health Professionals. 

Board of Registration of Allied Mental and Human Services 
Professionals. 

Board of Registration of Architects. 

Board of Registration of Barbershops. 

Board of Registration of Chiropractors. 

Board of Registration of Cosmetology and Aestheticians. 

Board of Registration of Dieticians and Nutritionists. 

Board of Registration of Dispensing Opticians. 

Board of Registration of Drinking Water and Supply Facility 
Operators. 

Board of Registration of Electrologists. 

Board of Registration of Funeral Services and Embalming. 



Governor 's Cabinet. 



439 



Board of Registration of Hearing Instrument Specialists. 

Board of Registration of Home Inspectors. 

Board of Registration of Landscape Architects. 

Board of Registration of Massage Therapy. 

Board of Registration in Optometry. 

Board of Registration of Plumbers and Gas Fitters. 

Board of Registration of Podiatry. 

Board of Registration of Professional Engineers and Land 

Surveyors. 
Board of Registration of Pyschology. 
Board of Registration of Radio and Television Technicians. 
Board of Registration of Real Estate Appraisers. 
Board of Registration of Real Estate Brokers & Salespersons. 
Board of Registration of Sanitarians. 
Board of Registration of Sheet Metal Workers. 
Board of Registration of Social Workers. 
Board of Registration for Speech-Language Pathology and 

Audiology. 

Board of Registration in Veterinary Medicine. 
Board of Registration of Electricians and Fire Alarm 

Technicians. 
State Racing Commission. 



Major Agency Heads: — 

Massachusetts Office of Business Development, Anne Struthers, 

Executive Director. 
Office of Small Business and Entrepreneur ship, Andre Porter. 
State Office of Minority and Women 's Business Assistance, Harold 

Vaughn, Director. 
Massachusetts Office of Travel and Tourism, Betsy Wall, Executive 

Director. 

Massachusetts Office of International Trade and Investment, Ted Carr, 
Executive Director. 

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC 
DEVELOPMENT. 



Secretary, Gregory Bialecki. 
Chief of Staff Enrique Perez. 

Assistant Secretary of Policy and Planning, C. Stanley McGee. 
Deputy Chief of Staff for Legislative Affairs, Seamus Kelley. 



440 



Governor 's Cabinet. 



Director of Communications and Public Affairs, Kim Haberlin. 
General Counsel, Maureen Flynn. 

Undersecretary of Business Development, Michael Hunter. 
Undersecretary of Housing & Community Development, Tina Brooks. 
Undersecretary of Consumer Affairs & Busiriess Regulation, Barbara Anthony. 
State Permitting Ombudsman, April Anderson-Lamoureux. 

EXECUTIVE OFFICE OF LABOR AND WORKFORCE 
DEVELOPMENT. 

Secretary of Labor and Workforce Development, Suzanne M. Bump. 

Chief of Staff Bemadette O'Malley. 

General Counsel, Gerald McDonough. 

Director of Administration and Finance, Joan Lenihan. 

Budget Coordinator, Janice M. Fennell. 

Payroll/Operations, Paula Cucinotta. 

Director of Communications, Alison Harris. 

Press Secretary, alex Goldstein. 

Executive Director, Massachusetts Workforce Investment Board, Tamika 

N. Correia. 
Diversity Officer, Kenneth Owens 
Director of Policy and Planning, Robb Smith. 
Director of Special Projects, R.J. McGrail. 
Legislative Director, Stephanie Noguera. 
Administrative Assistant, Jane marie Frain, 
Administrative Assistant, Anne Tainter. 

Agencies Include: — 
Department Of Labor. 
Department Of Workforce Development. 

DEPARTMENT OF LABOR. 
Director, George Noel. 

Deputy Director and General Counsel, Thomas Jones. 
Commissioner, Department of Industrial Accidents, Judge Paul V. 

Buckely, Jr. (Ret.). 
Commissioner, Division of Occupational Safety, Laura Marlin. 
Director, Division of Labor Relations, Michael Byrnes. 

DEPARTMENT OF WORKFORCE DEVELOPMENT. 

Undersecretary of Workforce Development, Jennifer James. 
Director, Department of Workforce Development, Michael Taylor. 
Director, Division of Unemployment Assistance, Edward Malmborg. 



Governor's Cabinet. 



441 



Director, Division of Career Services, Rosemary Chandler. 
Director, Division of Apprentice Training, Dave Wallace. 

COMMONWEALTH CORPORATION. 
President, Nancy Snyder, 

DEPARTMENT OF HOUSING AND COMMUNITY 
DEVELOPMENT. 

Undersecretary of Housing & Community Development, Tina Brooks. 
Chief of Staff Steve Carvalho. 
Chief of Counsel, Deborah Goddard 
Chief Financial Officer, Jennifer Maddox. 

Major Agency Heads: — 

Division of Housing Development, Catherine Racer, Associate Director. 
Division of Public Housing and Rental Assistance, Lizbeth Heyer, 

Associate Director. 
Housing Appeals Committee, Werner Lohe, Chairman. 
Commission on Indian Affairs, John (Jim) Peters, Executive Director. 
Division of Community Services, Sandra Hawes, Associate Director. 
Division of Housing Stabilization, Robert Pulster, Associate Director. 

BOARDS APPOINTED BY THE GOVERNOR. 

BOAPU) OF EDUCATION. 

Board of Early Education and Care, J.D. Chesloff, Chairman 
Board of Elementary and Secondary Education, Maura Banta, Chairwoman. 
Board of Higher Education, Dr. Charles Desmond, Chairman. 
University of Massachusetts, VACANT, Chair. 

* The Commissioners of the Departments of Early Education and Care, Elementary 
and Secondary Education, and Higher Education are not appointed by the 
Governor. 

Department of Early Education and Care, Dr. Sherri Killins, Commissioner. 
Department of Elementary ajtd Secondary Education, Dr IVfidiefl Chester, Commissioner. 
Department of Higher Education, Dr. Richard Freeland, Commissioner. 



Senate, Alphabetically. 443 



LEGISLATIVE DEPARTMENT. 
SENATE, ALPHABETICALLY. 



Steven A. Baddour First Essex District. 

Frederick E. Berry Second Essex District. 

Stephen M, Brewer Worcester, Hampden, Hampshire 

and Franklin District. 
Gale D. Candaras First Hampden and Hampshire 

District. 

Harriette L. Chandler First Worcester District. 

Sonia Chang-Diaz Second Suffolk District. 

Katherine Clark Middlesex and Essex District. 

Cynthia Stone Creem ............. First Middlesex and Norfolk 

District. 

Sal N. DiDomenico Middlesex, Suffolk and Essex 

District. 

Kenneth J. Donnelly Fourth Middlesex District. 

Eileen Donoghue First Middlesex District. 

Benjamin B. Downing Berkshire, Hampshire and 

Franklin District. 
James B. Eldridge Middlesex and Worcester 

District. 

Susan C. Fargo Third Middlesex District. 

Barry R. Finegold Second Essex and Middlesex 

District. 

Jennifer L. Flanagan Worcester and Middlesex 

District. 

John A. Hart, Jr First Suffolk District. 

Robert L. Hedlund Plymouth and Norfolk District. 

Patricia D. Jehlen Second Middlesex District. 

Brian A. Joyce Norfolk, Bristol and Plymouth 

District. 

John F. Keenan Norfolk and Plymouth District. 

Thomas P. Kennedy Second Plymouth and Bristol 

District. 

Michael R. Knapik Second Hampden and Hampshire 

District. 

Thomas M. McGee Third Essex and Middlesex 

District. 

Mark C. Montigny Second Bristol and Plymouth 

District. 



444 Senate, Alphabetically. 



Michael O. Moore Second Worcester District. 

Richard T. Moore Worcester and Norfolk District. 

Therese Murray Plymouth and Barnstable 

[President] District. 
Marc R. Pacheco First Plymouth and Bristol 

District. 

Anthony Petruccelli First Suffolk and Middlesex 

District. 

Michael J. Rodrigues First Bristol and Plymouth 

District. 

Stanley C. Rosenberg Hampshire and Franklin District. 

Richard J. Ross Norfolk, Bristol and Middlesex 

District. 

Michael F. Rush Suffolk and Norfolk District. 

Karen Spilka Second Middlesex and Norfolk 

District. 

Bruce E. Tarr First Essex and Middlesex 

District. 

James E. Timilty Bristol and Norfolk District. 

Steven A. Tolman Second Suffolk and Middlesex 

District. 

James T. Welch Hampden District. 

Daniel A. Wolf Cape and Islands District. 



Senate by Districts 



Senate by Districts. 



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Seating Arrangement of the Senate. 



SEATING ARRANGEMENT 
OF THE SENATE 

Hon. THERESE MURRAY, President. 



On the President 's Left. 

1. Hon. Frederick E. Berry 

2. Hon. Steven A. Tolman 

3. Hon. John A. Hart, Jr. 

4. Hon. Stephen M. Brewer 

5. Hon. Steven A. Baddour 

6. Hon. Harriette L. Chandler 

7. Hon. Jennifer L. Flanagan 

8. Hon. Mark C. Montigny 

9. Hon. Brian A. Joyce 

10. Hon. Michael F. Rush 

11. Hon. James B. Eldridge 

12. Hon. Karen E. Spilka 

13. Hon. Anthony W. Petruccelli 

14. Hon. Benjamin B. Downing 

15. Hon. James T. Welch 

16. Hon. Thomas M. McGee 

17. Hon. Daniel A. Wolf 

18. Hon. Sal N. DiDomenico 

19. Hon. Katherine M. Clark 

20. Hon. Thomas P. Kennedy 



On the President 's Right. 

1 . Hon. Stanley C. Rosenberg 

2. Hon. Cynthia Stone Creem 

3. Hon. Richard J. Ross 

4. Hon. Michael R. Knapik 

5. Hon. Bruce E. Tarr 

6. Hon. Robert L. Hedlund 

7. Hon. John F. Keenan 

8. Hon. Michael O. Moore 

9. Hon. Patricia D. Jehlen 

10. Hon. Kenneth J. Donnelly 

11. Hon. Eileen M. Donoghue 

12. Hon. Richard T. Moore 

13. Hon. Barry R. Finegold 

14. Hon. Gale D. Candaras 

15. Hon. Michael J. Rodrigues 

16. Hon. Sonia Chang-Diaz 

17. Hon. James E. Timilty 

18. Hon. Marc R. Pacheco 

19. Hon. Susan C. Fargo 

20. Vacant 



Officers of the Senate. 



453 



OFFICERS AND EMPLOYEES 
OF THE SENATE 

President of the Senate. 

Hon. THERESE MURRAY, Plymouth. 
Room 332, State House. 

Chief of Staff, Office of the President of the Senate. 
RICHARD A. MUSIOL, JR. 

Deputy Chief of Staff, Office of the President of the Senate. 
JEROME SMITH. 

Chief Policy Advisor, Office of the President of the Senate. 
ROBERT C. ROSS. 

Senior Policy Advisor, Office of the President of the Senate. 
DAVID M. SELTZ. 

Director of Communications, Office of the President of the Senate. 

DAVID FALCONE. 

I Deputy Director of Communications, Office of the President of the 
Senate. 
SAMANTHA DALLAIRE. 

Chief Financial Officer, Office of the President of the Senate. 
KERRY A. HARRISON. 

Executive Assistant to the President, Office of the President of the 
Senate. 
KAREN BUTTIGLIERI. 



454 



Officers of the Senate. 



Senate Clerk. 

(General Laws, Chapter 3, Sections 12-13) 
WILLIAM F. WELCH, Milford. 
Room 335, State House 

Assistant Clerk. 

MICHAEL D. HURLEY, South Boston. 

Second Assistant Clerk. 
STACEY O. LEMAY, Quincy. 

Senate Calendar Clerk. 
ANDREA M. MARUZZI, Winthrop. 

Office Manager. 
JOHN G. CRONIN, Milton. 

Clerical Assistants. 
ROBERT J. YEAGER, Avon. 
CAROLYN T. DAVIS, Dorchester. 
WILLIAM CARNEY, Milton. 
SHAWN LINEHAN, Salem. 

SANDY FUNG, Newton. 
BRIAN ARTHUR, Roxbury. 
MATTHEW GREW, Somerville. 



Counsel to the Senate. 

(General Laws, Chapter 3, Sections 51-55) 
ALICE MOORE, Westwood. 
Room 200, State House 

Deputy Counsel to the Senate 

(Vacant) 

Assistant Counsels to the Senate. 
ROBERT D. BOWES, SR. , Lynn. 

IRENE R. COMEAU, Boston. 
EILEEN S. FITZGERALD, Milton. 
LISA GEMTILE, Boston. 
JOSH KRINTZMAN, Newton. 



Sergean t-at-A rms, etc. . 



455 



Sergeant-at-Arms. 

(Vacant), Boston 
Room 10, State House. 



Appointees. 

Assistant Sergeant-at-Arms — 

Assistant Sergeant-at-Arms — Alice Fitzmaurice. 

Chief Administrative Voucher Examiner — Karen Johnson. 



Assigned to Senate. 
Chief Court Officer, Assistant Sergeant-at-Arms. 

PAUL I. DOOLEY 



Assigned Chief Court Officers. 
BENJAMIN HUBBART MICHAEL F. TIERNEY 



General Court Officers. 

KERRI BUCKLEY CHRISTINE BOARDMAN 

THOMAS McDONOUGH JOSEPH O'DONNELL 

MICHAEL PANO 

Assistant Legislative Postmasters. 

ANGEL ROSA, Postmaster. 
DANIEL S. ELIO, Assistant Postmaster. 

Joint Senate-House 
Legislative Engrossing Division. 

JOAN CHIASSON, Director of Engrossing. 
COLLEEN A. CARROLL, Clerk. 
SYLVIA CURLEY, Clerk. 
LAUREN MANN, Clerk. 
BRYAN MENDONCA, Clerk. 
JUDITH M. O'BRIEN, Clerk. 
PAULA WARD, Clerk. 



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Officers of the House. 



OFFICERS AND EMPLOYEES OF THE 
HOUSE OF REPRESENTATIVES 

Hon. ROBERT A. DeLEO, Boston, Speaker. 

Room 355, State House. 
STEVEN T. JAMES, Winthrop, Clerk. 

Room 145, State House. 
SCOTT J. MITCHELL, Burlington, Assistant Clerk. 

Room 145, State House. 
TIMOTHY CARROLL, Boston, Second Assistant Clerk. 

Room 145, State House. 
REVEREND ROBERT F. QUINN, Boston, Chaplain. 

Assistants to House Clerk. 



William H. Tierney Wobum 

Stephen A. Zerdelian Watertown 

Matthew P. Landry Walpole 

Elizabeth M. Thompson Clinton 

Maureen R. Harris Maiden 

Maria T. Acerra Norwood 



Counsel to the House. 
(General Laws, Chapter 3, Sections 51-55). 

VACANT 

Room 139, State House. 

Associate Counsels. 

ANNE B. O'DRISCOLL, Weymouth 
Room 139, State House. 

JOANNE F. CAMPO, Milton, 
Room 139, State House. 



Officers of the House. 



All 



Assistants to the House Counsel. 

M. PAUL lANNUCCILLO, North Andover 

Room 139, State House. 
TIMOTHY O. WILKERSON, Watertown 

Room 139, State House. 
JAMES J. MCGLYNN, Quincy 

Room 139, State House. 
ANTONETTA DiGUSTINI, Boston, Clerk of the House 

Committee on Bills in the Third Reading 

Room 139, State House. 
DOLORES C. HAYES, Andover, Office Manager 

Room 139, State House. 

Assistants to the Speaker. 

Chief of Staff to the Speaker of the House 
JAMES EISENBERG, Melrose 
Room 356, State House. 

Deputy Chief of Staff Legislative Director 
TOBY MORELLI, Saugus 
Room 356, State House. 



478 



Sergeant-at-Arms, etc. 



SERGEANT- A T-ARMS AND APPOINTEES 

Sergeant-at-Arms 
Room 10, State House. 

Appointees 

Assistant Sergeant-at-Arms — Alice Fitzmaurice. 

Chief Administrative Voucher Examiner — Karen Johnson. 



Assigned to Senate 

Assistant Sergeant-at- Arms-Chief Court Officer — Paul Dooley. 

Assistant Chief Court Officers — Benjamin Hubbart. 

General Court Officers — Thomas McDonough, Joseph O'Donnell, 

Christine Gonzalez, Keri Buckley, Michael Pano. 
Legislative Postmaster — Angel Rosa, Director. 
Assistant Legislative Postmaster — Daniel S. Elio. 

Assigned to the House of Representatives 

Sergeant-at-Arms on the part of the House — Raymond J. Amaru. 

Assistant Sergeant-at-Arms-Chief Court Officer — Eugene F. DiPersio. 

Assistant Chief Court Officers — William Petrigno, Odell Ruffin, 
Joseph A. Quinn, Lewis E. Hinkley, Joseph Carr. 

General Court Officers — Tina Abate, Katherine Adams, Anthony 
Viveiros, Richard Buividas, Mark lannacco, Thomas Joyce, 
Michael Magner, Robert O'Rourke, Daniel Petrigno. 

Assistant Legislative Postmaster — Philip Hawko. 

Porter / Messenger — Michael Izzo. 



Rules of the Senate 



RULES OF THE SENATE 



[As adopted by the Senate on January 20, 2011] 

[The dates under each rule indicate when the rule and its amendments 
were adopted.] 

[The date 1817 denotes the time when the several rules against which 
it is placed were first preserved. Previously to that year these rules are not 
to be found, although from the Senate Journal it appears that they were 
printed.] 

The President. 

1. The President shall take the chair at the hour to which the Senate 
stands adjourned, shall call the members to order, and, on the appearance 
of a quorum, shall proceed to business. [1831; 1888.] 

lA. Every formal session of the Senate shall open with a prayer and a 
recitation of the "Pledge of Allegiance to the Flag". [1989.] 

2. The President shall preserve order and decorum, may speak to 
points of order in preference to other members, and shall decide all ques- 
tions of order subject to an appeal to the Senate. The President shall rise 
to put a question, or to address the Senate, but may read sitting. [1817; 
between 1821 and 1826; 1831; 1888.] 

3. The President may vote on all questions. [1826.] 

4. The President may appoint a member to perform the duties of the 
chair for a period not exceeding 3 days at any one time. Unless the Senate 
shall otherwise direct, the President, at the beginning of each legislative 
year, may appoint a Chaplain and in case of vacancy in said office, the 
President may promptly fill said vacancy [1831; 1862; 1865; 1888; 
1971.] 

4A. The Senate President shall be elected by roll call on the Senate 
floor. This rule shall not be suspended except by a vote of four-fifths of 
the members present and voting thereon. Rule 63 shall not apply to this 



481 



482 



Rules of the Senate. 



case and no other rule shall supersede the requirement of four-fifths vote 
to suspend this rule. [1993; 2002.] 

4B. The Senate President and the Minority Leader shall, upon decla- 
ration of candidacy for any other state or federal elective office, relin- 
quish said position. [2003.] 

5. In case of a vacancy in the office of President, or in case the Pres- 
ident, or the member appointed by the President to perform the duties of 
the chair, is absent at the hour to which the Senate stands adjourned, the 
eldest senior member present shall call the Senate to order, and shall pre- 
side until a President, or Acting President, is elected by ballot or by roll 
call vote as the Senate shall by majority vote determine, and such election 
shall be the first business in order. [1831; 1885; 1888; 1971; 1985; 2003.] 

5A. In case of extreme emergency, the President of the Senate, may 
for a period not exceeding 2 days, in conformity with Article 6, Section 
II, Chapter 1 of the Constitution, cause a session of the Senate to be can- 
celled. Each member of the Senate insofar as is practicable shall be noti- 
fied of such action. The President may also declare a session informal in 
nature, with prior notice given. Notice of such action shall be printed in 
the Journal of the Senate by the Clerk of the Senate and the printing of a 
calendar shall be suspended with reference to an informal session under 
this rule. 

In the case of an informal session, only reports of committees and 
matters not giving rise to formal motion or debate shall be considered. No 
motion or order of business shall lose its precedence but shall be carried 
over until the next formal session. [1971; 1973.] 

5B. [Omitted in 2011.] 

5C. Upon a vacancy in the Senate, with the exception of any vacancy 
that occurs after April 1 in an even-numbered year, a date for a special 
election shall be rescheduled by the President of the Senate within 20 days 
after the vacancy occurs and the proposed date of the special election 
shall then be put before the members of the Senate for a vote. [201 1] 



CLERK. 

6. The Clerk shall keep a journal of the proceedings of the Senate, and 
shall cause the same to be presented daily. The Clerk shall, in the journal. 



Rules of the Senate. 



483 



make note of all questions of order, and enter at length the decisions 
thereon. The Clerk shall insert in an appendix to the journal the rules of 
the Senate and the joint rules of the 2 branches. [1882; 1888.] 

7. The Clerk, with the approval and direction of the President and the 
Committee on Ethics and Rules, shall prepare and cause to be presented 
each day a calendar of matters in order for consideration. The calendar for 
a session shall be available to the members and the public at least 24 hours 
prior to the start of that session, except when formal sessions are held on 
consecutive days. The calendar for any formal session on a day following 
a formal session shall be available to the members and to the public at 
least 2 hours prior to the start of that session. The presentation of a cal- 
endar may only be suspended by a 2/3 vote of all members present and 
voting as determined by a call of the yeas and nays. The calendar shall 
consist of at least 4 separate sections. One section shall contain those mat- 
ters for third reading and engrossment. No matters shall be considered for 
third reading that do not appear on this section of the calendar without 
unanimous consent. One section shall contain those matters held by the 
Senate committee on Bills in the Third Reading. One section shall con- 
tain those matters appearing on the Senate Calendar for the first time. No 
matters shall be considered for second reading that do not appear on this 
section of the calendar without unanimous consent. One section shall con- 
tain those matters which shall be on the Senate Calendar for the first time 
at the following formal session. No matters shall be considered for a 
second reading at a formal session that were not on the Calendar for the 
previous formal session. It shall be mandatory, however, that a bill or 
resolve ordered to third reading on one calendar day shall appear on the 
calendar at the following formal session. The Clerk, with the approval and 
direction of the President and the Committee on Ethics and Rules, may 
prepare the calendar, with such memoranda as the Clerk may deem nec- 
essary, in a form designed to provide complete information and to prop- 
erly facilitate the business of the Senate. When the presentation of the 
calendar required under this rule is suspended under Rule 5A, a session 
shall be considered informal and no matter shall be considered if a 
member at said session objects to its consideration. [1882; 1888; 1945; 
1971; 1974; 1985; 1991, 1993.] 

7A. To better facilitate the business of the Senate, whenever possible, 
and notwithstanding any rules to the contrary, during consideration of the 
new matters on the calendar each day, the chair shall first declare a recess 
so that members may examine the items. The chair shall then ask for 
passes on the second reading matters. Second reading matters with 
amendments pending will automatically be considered separately. The 



484 



Rules of the Senate. 



chair shall direct the Clerk to dispense with the reading of each title, but 
the journal for that day shall show that the bills have been read a second 
time. The question shall then come on ordering those second reading mat- 
ters which have not been passed for debate to a third reading. Matters 
passed for debate shall be considered on the second call. 

The same procedure shall be followed with relation to adverse reports 
appearing in groups on the calendar. Adverse reports passed for debate 
shall be considered on the second call. The question shall be put by the 
chair on the acceptance of all remaining adverse reports not passed for 
debate. [1975.] 

7B. The Clerk of the Senate shall be the official parliamentarian of the 
Senate. [1973.] 

8. [Omitted in 1969.] 

8 A. The Clerk shall make a reasonable effort to make available on the 
official website of the General Court the results of all roll call votes not 
later than 48 hours after such vote is taken, not including quorum calls, in 
a manner easily identifiable, searchable and conspicuously located. The 
Clerk shall include the number of the roll call and the title of the matter 
voted upon. This rule shall take effect not later than July 1, 201 1 and shall 
apply to all roll call votes conducted during the 201 1-2012 legislative ses- 
sion. [2007; 2011.] 

9. When a bill or resolve coming from the other branch does not 
appear in the form in which it was passed in that branch, the Clerk shall 
indicate the amendments on the Orders of the Day. [1882.] 



COUNSEL TO THE SENATE. 

9A. The Counsel to the Senate and members of the staff of said 
Counsel shall not engage in the private practice of law during ordinary 
business hours while the Senate is in session. The Counsel to the Senate 
and the staff of said Counsel shall be available at all times for consulta- 
tion with the President and members of the Senate in relation to matters 
pending before the Senate. [1976.] 



MEMBERS OF THE SENATE. 



Rules of the Senate. 



485 



10. No member, officer, or employee shall use or attempt to use 
improper means to influence an agency, board, authority, or commission 
of the Commonwealth or any political subdivision of the Commonwealth. 
No member, officer, or employee of the Senate shall receive compensation 
or permit compensation to accrue to the member, officer or employee's 
beneficial interest by virtue of influence improperly exerted from the 
member, officer or employee's position in the Senate. Every reasonable 
effort shall be made to avoid situations where it might appear that the 
member, officer or employee is making such use of the member, officer or 
employee's official position. Members, officers, and employees should 
avoid accepting or retaining an economic interest or opportunity which 
represents a threat to their independence of judgment. 

No member, officer, or employee shall use confidential information 
gained in the course of or by reason of the member, officer or employee's 
official position or activities to fiarther the member, officer or employee's 
financial interest or those of any other person. [1977.] 

lOA. No member, officer, or employee shall employ anyone from 
state funds who does not perform tasks which contribute to the work of 
the Senate and which are commensurate with the compensation received; 
and no officer or full time employee of the Senate shall engage in any out- 
side business activity during regular business hours, whether the Senate is 
in session or not. No member of the Senate shall act on a matter before a 
committee or vote on any question in which the member's private right is 
immediately concerned, distinct from the public interest. All employees of 
the Senate are assumed to be full time unless their personnel record indi- 
cates otherwise. [1977.] 

lOB. Interns and other temporary employees of the Senate, who are 
students at an accredited educational institution and who are employed by 
the Senate for not more than 6 months, may receive compensation from an 
educational institution or other non-profit organization under section 
501(c)(3) of the Internal Revenue Code, according to that organization's 
regular program of providing such compensation for temporary govern- 
mental or public service employment. A temporary employee's Senate 
supervisor shall establish the employee's total compensation, shall verify 
that the sum of the employee's state compensation, if any, and any outside 
compensation that the employee is to receive under this rule would not 
exceed this total compensation, and shall file the written terms of the 
employee's compensation with the Senate Personnel Office, where it shall 
be available for public inspection. [2003.] 



486 



Rules of the Senate. 



11. No member shall be absent from the Senate without leave, unless 
there is a quorum without the member's presence. [1817.] 

IIA. Each member of the Senate shall be assigned an office in the 
State House. Each member shall have full authority to employ and dismiss 
personal and committee staff within written guidelines developed by the 
Senate Committee on Ethics and Rules. [1983; 1985; 1993; 2003.] 

IIB. No member of the Senate shall hold, for more than 8 consecu- 
tive years, the office of President of the Senate. [1993; 2001.] 

lie. The Committee on Ethics and Rules shall ensure that each 
member of the Senate is able to receive Internet electronic mail from 
members of the public. [2001; 2003.] 

IID. The Committee on Ethics and Rules shall sponsor ethics training 
for members and staff within 90 days of the opening of the biennial ses- 
sion. [2009.] 



COMMITTEES. 

12. The following standing committees shall be appointed by the 
President, to wit: 

A Committee on Bills in the Third Reading; 

To consist of 5 members, 1 of whom shall be appointed by the 

Minority Leader. 
A Committee on Bonding, Capital Expenditures and State Assets; 

To consist of 6 members, 1 of whom shall be appointed by the 

Minority Leader. 
A Committee on Post Audit and Oversight; 

To consist of 7 members, 1 of whom shall be appointed by the 

Minority Leader. 
A Committee on Ethics and Rules; 

To consist of 6 members, including 2 members appointed by the 

Minority Leader. 
A Committee on Global Warming and Climate Change; 

To consist of 6 members, 1 of whom shall be appointed by the 

Minority Leader. 
A Committee on Steering and Policy; 

To consist of 5 members, 1 of whom shall be appointed by the 

Minority Leader. 
A Committee on Ways and Means; 



Rules of the Senate. 



487 



To consist of 1 7 members, including 2 members appointed by the 
Minority Leader. 

Committee hearings and executive sessions shall not be scheduled in 
conflict with formal sessions of the Senate unless the chair submits to the 
Clerk a written explanation for scheduling the hearing or session in con- 
flict with the formal session. [1831; 1836; 1840; 1844; 1847; 1863; 1864; 
1870; 1876; 1882; 1885; 1886; 1888; 1891; 1896; 1897; 1920; 1937; 
1939; 1941; 1945; 1946; 1957; 1960; 1963; 1965; 1969; 1971; 1972; 
1982; 1989; 1991; 1993; 1995, 1997; 2003, 2005; 2007; 2009; 2011.] 



12A. All violations of Rules and all questions of conduct of members, 
officers and employees of the Senate shall be referred by order of the 
Senate to the committee on Ethics and Rules. Such orders shall be as spe- 
'\ cific as circumstances allow. The committee shall also be empowered to 
receive sworn written complaints or evidence regarding violations of 
Rules 10 and lOA. Until a hearing, if any, is held, the contents of such 
I complaints or evidence shall be considered confidential information, 
I unless the contents are already a matter of public record. If no hearing is 

I held, such contents may be made public by the committee in a final report. 
! Breach of confidentiality may itself be grounds for disciplinary action. 

Ij Upon receipt of an order, a sworn written complaint filed under penal- 

; ties of perjury, or upon receipt of evidence, the committee may investigate 

i and take written or oral testimony on any matters specified in the order or 

! covered by Rules 10 and lOA. A majority of committee members shall be 

II present to receive sworn testimony unless a majority designates a lesser 
if number to do so. In any case, at least 1 member of the committee shall be 

present to receive such testimony. Upon majority vote of the full Senate, 
the committee may require by summons the attendance and testimony of 
witnesses and the production of books and papers and such other records 
as said committee may deem relevant. 

I Said committee shall consider and may report to the Senate any rec- 
ommendations regarding any infringement of the rules and all questions 
of conduct of members, officers and employees referred to it. If after 
investigation the committee determines that there has been a violation of 
the rules, or other misconduct, the committee shall file a report with the 
Clerk of the Senate, including a recommendation for disciplinary action, 
including but not limited to: in the case of a member, reprimand, censure, 
temporary or permanent removal from committee chaimianship or other 

■li 



488 



Rules of the Senate. 



position of authority, suspension with or without pay, or expulsion; in the 
case of an officer or employee, reprimand, suspension or removal. Said 
report shall not prevent the Senate from taking any other action as it shall 
deem advisable and appropriate. 

Nothing in this rule shall be construed to require the disclosure of any 
allegation that the committee deems frivolous or without merit. 

If the committee receives a sworn written complaint, evidence, order 
of the Senate, or request for an opinion involving a member of the com- 
mittee, such member shall not participate in the committee's deliberations 
on that matter. 

The committee may, upon written request from a member, officer, or 
employee of the Senate, issue written advisory opinions on matters con- 
cerning Rules 10 and lOA. Such advisory opinions may be published, 
provided that the name of the person requesting the opinion, and any other 
identifying information shall not be included in the publication. The 
Senate may not penalize a member, officer or employee of the Senate for 
conduct satisfying the guidelines of an advisory opinion based on factu- 
ally indistinguishable conduct. 

At least 3 members shall sign all recommendations and reports of the 
committee. 

The committee shall on or before December 3 1 of the second year of 
the biennial session, file a report with the Clerk summarizing its activities 
for the session. In addition, the committee may at any time recommend 
changes in the rules of conduct for the Senate or legislation relating to the 
conduct of the Senate, and a majority vote of the Senate shall be required 
to approve any such recommended changes. [1977; 1978; 1983; 1991; 
2003.] 

12B. The committee on Steering and Policy shall meet from time to 
time at the call of the chair for the purpose of assisting the President and 
the Senate in identifying the major matters which require consideration by 
the General Court during the pending session and to advise the President 
and the Senate on the relative priority of such matters, the relative urgency 
for consideration by the General Court of such matters, and alternative 
methods of responding to such matters by the General Court, and to assist 
on scheduling legislative matters for their even distribution throughout the 
legislative year. [2009]. 



Rules of the Senate. 



489 



12B Vi . The Committee on Ethics and Rules may initiate legislation 
consistent with Senate Rule 19, but no bill shall be initiated over the 
objection of the Senate Chair of the appropriate committee. The Com- 
mittee shall report on what date prior to adjournment of the last formal 
session the matter shall be considered by the Senate. In the case of bills 
removed from study and referred to the Committee on Ethics and Rules, 
the bills may be subject to amendments by the committee as well as 
reports by the committee that the bills ought to pass or ought not to pass. 
This rule shall apply only to bills that have no state fiscal impact. [1983; 
1985; 1986; 1991; 1993; 1999; 2003; 2005.] 

12C, [Omitted in 1995.] 

12D, The President of the Senate, the Majority leader and the 
Minority leader shall review applications for each member's staff and 
committee operating requirements and allocate office space. [1993; 2003.] 

13. (a) Unless the Senate shall otherwise specially order, the President 
shall nominate a candidate for chair of each standing committee, joint 
standing committee or special committee and the vice-chair and the assis- 
tant vice-chair of the Senate Committee on Ways and Means. The Presi- 
dent may also nominate the majority floor leader, assistant majority floor 
leader, majority whip, the assistant majority whip and a President pro tem- 
pore. The President pro tempore shall assist the President in the coordina- 
tion of policy development and the ceremonial functions of the Senate and 
shall perform such duties as assigned by the President. The minority party 
floor leader may nominate not more than 3 persons to minority party floor 
leadership positions. Such nominations shall require ratification by a 
majority vote by the respective party caucus. The vote shall be by voice 
vote, roll call or secret ballot, as the majority vote of the caucus shall 
determine. In the event a nomination is rejected by such caucus another 
nomination may be made by the person designated in this rule to make the 
initial nomination which shall be subject to ratification in the same 
manner. In the case of the election by the Senate of a committee by ballot, 
the member having the highest number of votes shall act as chairman. The 
second named member shall be vice-chairman. 

(b) Except as provided above or unless the Senate shall otherwise spe- 
cially order, committees shall be appointed by the President, with excep- 
tion of the chair whose nomination and ratification shall be governed by 
paragraph (a). The President shall in making such appointments give con- 
sideration to representation of both the majority and minority parties rel- 
ative to their respective representation in the Senate and in any event shall 



490 



Rules of the Senate, 



reserve at least 2 positions on the Senate Committee on Ways and Means 
and at least 1 position upon each standing or special committee for a 
Senate member of the minority party and appointments to such positions 
shall be made by the Senate minority party leader. For the purposes of this 
rule and rule 56, the term "minority party" shall mean the political party 
of those members of the Senate who, in the aggregate, constitute the 
second largest group of members of the Senate affiliated with a political 
party. 

(c) A vacancy in any position which is regulated by this rule shall be 
filled in the same manner as provided in this rule for the original appoint- 
ment. Any person in a position which is regulated by this rule shall be 
subject to removal only by a majority vote of the respective party caucus 
by voice vote, roll call or secret ballot as the majority vote of the caucus 
shall determine. [1817; between 1821 and 1826; 1831; 1888; 1973; 1983; 
1985; 1991; 2003.] 

13A. All motions or orders authorizing committees of the Senate to 
travel or to employ stenographers, all propositions involving special 
investigations by committees of the Senate and all motions or orders pro- 
viding that information be transmitted to the Senate shall be referred 
without debate to the Committee on Ethics and Rules, who shall report 
thereon, recommending what action should be taken. All other motions 
that create main questions, except those that relate to privilege, to proce- 
dure and kindred matters, or to the subjects referred to in Joint Rules 29 
and 30, shall also be referred without debate to the Committee on Ethics 
and Rules and be treated in like manner. 

The Committee on Ethics and Rules may originate and report special 
orders for the scheduling and consideration of matters on the floor of the 
Senate. When reported such orders may be amended by a two-thirds vote 
of the members present and voting, and shall be subject to approval by a 
majority of the members of the Senate present and voting. Debate on the 
question on adoption of such orders shall be limited to 30 minutes. Such 
orders shall not be subject to reconsideration. [1904; 1913; 1921; 1953; 
2003.] 

13B. The President of the Senate may call a caucus at any time at 
which either the President or a designated member of the majority leader- 
ship shall preside unless otherwise voted by a majority of the caucus. The 
President shall honor the request of the Minority Leader at any time while 
the Senate is in session, to call a minority caucus at which the Minority 



Rules of the Senate. 



491 



Leader shall preside or a designated member of the minority leadership, 
unless otherwise voted by a majority of the caucus 

A caucus shall also be called if 25 per cent or more of a party's mem- 
bership requests the calling of a caucus. Such request shall be made to the 
Senate President or Minority Leader. In the instance of such a caucus 
being called, said caucus may consider any subject matter, including but 
not limited to resolutions, motions or other means of ascertaining the 
sense of party members on any subject. When the Senate recesses to allow 
a caucus, the Senate President or presiding officer shall inform the mem- 
bers from the rostrum of a time certain for reconvention. [1985; 1993.] 

13C, The Senate Committee on Ethics and Rules shall provide for 
periodic audits of Senate financial accounts to be conducted by a certified 
public accountant experienced in auditing governmental entities. A copy 
of any such audit shall be filed with the Senate Clerk and copies shall be 
made available upon request by any member of the Senate or the general 
public. [1985; 2003.] 

14o No committee shall be allowed to occupy the Senate Chamber 
without a vote of the Senate. [1836; 1863; 1888.] 

15. No legislation affecting the rights of individuals or the rights of a 
private or municipal corporation, otherwise than as it affects generally the 
people of the whole Commonwealth or the people of the city or town to 
which it specifically applies, shall be proposed or introduced except by a 
petition, nor shall any bill or resolve embodying such legislation be 
reported by a committee, except upon a petition duly referred, nor shall 
such a bill or resolve be reported by a committee, whether on an original 
reference or on a recommittal with instructions to hear the parties, until it 
is made to appear to the satisfaction of the committee that proper notice 
of the proposed legislation has been given by public advertisement or oth- 
erwise to all parties interested, without expense to the Commonwealth, or 
until evidence satisfactory to the committee is produced that all parties 
interested have in writing waived notice. A committee reporting adversely 
for want of proper notice or of a waiver thereof shall set forth this fact in 
its report, and no bill or resolve shall be in order as a substitute for, or 
amendment of, such report. Objection to the violation of this rule may be 
taken at any stage prior to that of third reading. [1870; 1871; 1885; 1890; 
1921; 1939; 1945; 1971.] 

16. When the object of an application, by petition can be secured 
under existing laws, or, without detriment to the public interests, by a gen- 



492 



Rules of the Senate. 



eral law, the committee to whom the matter is referred shall report, ought 
not to pass, or a general law, as the case may be. The committee may 
report a special law on matters referred to it upon (1) a petition filed or 
approved by the voters of a city or town, or the mayor and city council, or 
other legislative body, of a city, or the town meeting of a town, with 
respect to a law relating to that city or town; (2) a recommendation by the 
Governor; and (3) matters relating to erecting and constituting metropol- 
itan or regional entities, embracing any 2 or more cities and towns, or 
establishing with other than existing city or town boundaries, for any gen- 
eral or special public purpose or purposes. [1882; 1885; 1888; 1891; 1893; 
1967; 1971; 1973.] 

16 A. Reports of committees recommending that a matter be placed in 
a study shall be reported to the Senate if the matter being reported into a 
study was originally filed in the Senate. Matters which have been recom- 
mitted to a committee in session shall be reported to the branch origi- 
nating the recommitment. [2002.] 



FORMS OF BILLS AND RESOLVES. 

17. Bills, resolves, resolutions and orders shall be prepared under 
supervision of the Counsel to the Senate. Bills, resolves, resolutions and 
orders founded upon petition shall be presented in an electronic format as 
prescribed by the Clerk, who shall then prepare such electronically filed 
documents for printing on official paper. Any petition which presents a 
bill, resolve, resolution or order that was before the General Court in the 
legislative session preceding that for which it is presented shall be desig- 
nated as a "refiled petition" by the presenting member, together with ref- 
erence to the number assigned such matter in the preceding legislative 
session. Bills amending existing laws shall not provide for striking words 
from, or inserting words in, such laws, unless such course is the best cal- 
culated to show clearly the subject and nature of the amendment. No 
repealed law and no law which has expired by limitation, and no part of 
any such law, shall be re-enacted by reference merely. [1844; 1857; 1880; 
1882; 1885; 1888; 1889; 1947; 1972; 1985, 2001, 2006.] 



INTRODUCTION OF BUSINESS. 

18. Every petition (excepting as otherwise provided for in the Consti- 
tution, or laws of the Commonwealth), shall be presented by a member, 
whose name shall be endorsed on the petition, and a brief statement of the 



Rules of the Senate. 



493 



nature and object of the instrument; and the reading of this instrument 
shall be dispensed with, unless specially ordered. [1831; 1888; 1972; 
1973.] 

18 A, In the event that identical legislation is filed based upon petition, 
by members of the Senate, the Clerk of the Senate may make every effort 
to consolidate the petitions. 

The Clerk shall include the name of each petitioner; such names shall 
be placed on the consolidated petition in the order in which the original 
petitions were filed with the Clerk. [1984.] 

19. All motions contemplating legislation shall be founded upon peti- 
tion, except as provided in Joint Rule 3A and except that the committee on 
Ways and Means and the Committee on Ethics and Rules under Rule 12B 
may report a bill or other form of legislation that is not founded upon peti- 
tion. Committees to whom messages from the Governor, reports of state 
officers, boards, commissions, and others authorized to report to the leg- 
islature shall be referred, may report by bill or otherwise such legislation 
as may be germane to the subject-matter referred to them. [1858; 1888; 
1891; 1893; 1973; 1999; 2003; 2005.] 

20. All petitions for legislation accompanied by bills or resolves 
embodying the subject-matter prayed for, which are intended for presen- 
tation or introduction to the Senate, reports of state officials, departments, 
commissions and boards, and reports of special committees and commis- 
sions shall be filed with the Clerk, who shall, unless they are subject to 
other rules or of the rules of the 2 branches, refer them, with the approval 
and direction of the President, to the appropriate committees, subject to 
such change of reference as the Senate may make. 

Provided, that petitions and other papers so filed, or papers received 
from the House, which are subject to Joint Rules 7A, 7B or 9, shall be 
referred by the Clerk to the Committee on Ethics and Rules. Petitions and 
other papers so filed which are subject to the second paragraph of Joint 
Rule 12 shall be referred by the Clerk to the Committees on Rules of the 
two branches, acting concurrently. The reading of all such documents 
may be dispensed with, but they shall be entered in the journal of the same 
or the next legislative day after such reference, except as provided in Joint 
Rule 13. 

All orders intended for adoption shall be deposited with the Clerk. If 
the orders relate to questions of privilege or to procedure and kindred mat- 



494 



Rules of the Senate. 



ters, they shall be laid before the Senate by the President as soon as pos- 
sible. If they relate to other subjects, except as provided in rule 13A or in 
Joint Rules 29 and 30, they shall be inspected by the Committee on Ethics 
and Rules and laid before the Senate not later than the fourth legislative 
day succeeding the day of their deposit with the committee. 

All resolutions intended for adoption shall be filed with the Clerk. 
Resolutions, which are not reported by committee or received from the 
House, shall be considered forthwith after having been reported by the 
committee on Bills in the Third Reading, under Senate Rule 33. 

Special reports of state officials, departments, commissions and 
boards, reports of special committees and commissions, bills and resolves 
accompanying petitions and reports, and resolutions, shall be printed on 
order of the President, and under the direction of the Clerk. They shall 
retain, during all subsequent stages, their original numbers and shall also 
bear such new numbers as may be necessary. 

Matters which have been placed on file may be taken from the files by 
the Clerk upon request of any Senator or Senator-elect; and matters so 
taken from the files shall be referred or otherwise disposed of as provided 
for above. 

The Senate may at any time by order make any other disposition of 
petitions in the hands of the Clerk. [1891; 1893; 1894; 1916; 1921; 1925; 
1927; 1933; 1939; 1945; 1953; 1963; 1967; 1971; 1973; 1985; 1999; 
2003; 2005.] 

20A. The Clerk shall make available on the Internet the text of all bills 
introduced in the Senate. [2001.] 

21. [Omitted in 1943.] 

22. [Omitted in 1949.] 

23. No bill or resolve shall be proposed or introduced unless received 
from the House of Representatives, reported by a committee, or moved as 
an amendment to the report of a committee. [1881; 1882; 1888.] 

24. The consideration of any order proposed for adoption, or of any 
motion to suspend Senate Rule 15, or Joint Rules 8, 9 or 12, shall be post- 
poned without question to the day after that on which the order is pro- 
posed or request made, if any member asks such postponement. The 



Rules of the Senate. 



495 



consideration of any motion to lay a matter on the table or to take a matter 
from the table shall be postponed without question to the day after that on 
which the motion is made (except during the last 7 calendar days of formal 
business under Joint Rule 12A). [1885; 1891; 1971; 1973; 1983, 1997; 
1999.] 

25. [Omitted in 1929, the provisions thereof being covered by Joint 
Rule 9.] 



COURSE OF PROCEEDINGS. 

26. Bills and resolves from the House, after they are read a first time, 
shall be referred to a committee of the Senate, unless they have been 
reported by a joint committee or substituted for the report of a joint com- 
mittee. Bills and resolves reported in the Senate, and bills and resolves 
from the House reported by joint committees or substituted for the reports 
of joint committees shall, after they have been read once, be referred to 
the Committee on Ethics and Rules, except as otherwise provided by 
Senate Rule 27. Any matter reported in the Senate or received from the 
House concerning or restricted to a particular city or town which has 
received the approval of the voters of the city or town or of the town 
meeting shall appear on the calendar for the next session for a second 
reading notwithstanding any other provisions of this rule. Bills introduced 
by initiative petition, when reported in the Senate or received from the 
House, shall be referred to the Committee on Ethics and Rules. Resolu- 
tions received from the House, or reported in the Senate, shall be referred 
to the Committee on Ethics and Rules. Bills and Resolves under Senate 
Rule 27, when reported, shall be referred to the Committee on Ethics and 
Rules. All reports of the Committee on Ethics and Rules shall be placed in 
the Orders of the Day for the next session unless such matter is assigned 
for special consideration by said committee as provided for under Senate 
Rule 12B. [1825; 1885; 1888; 1890; 1891; 1897; 1945; 1985; 1993; 1999; 
2005.] 

26A.[Omitted in 2005]. 

26B. [Omitted in 2005]. 

26C. There shall be appointed a standing committee on Bonding, 
Capital Expenditures and State Assets consisting of 6 members. Said com- 
mittee shall review all legislation providing for the giving, loaning or 
pledging of the credit of the Commonwealth (see Article LXII of the 



496 



Rules of the Senate. 



Amendments to the Constitution, as amended by Article LXXXIV). Said 
committee shall be responsible for evaluating such legislation and deter- 
mining the appropriateness of enacting legislation containing increased 
bond authorizations for the Commonwealth. 

The committee on Bonding, Capital Expenditures and State Assets 
shall periodically review and hold open public hearings, accepting oral 
and written testimony on the status of the bonds and notes of the Com- 
monwealth, including: (1) general obligation debt; (2) dedicated income 
tax debt; and (3) special obligation debt. The committee shall also, in its 
continuing study of the Commonwealth's bonding practices, review the 
Commonwealth's liabilities relative to: (a) state-supported debt; (b) state- 
guaranteed debt; and (c) indirect obligations. 

The committee shall consult with the various agencies of the Execu- 
tive branch and the office of the State Treasurer to project expenditures, 
availability of funds, the sale of new bonds and the resultant debt obliga- 
tions, federal reimbursements and other related funding and bonding 
issues. 

The committee on Bonding, Capital Expenditures and State Assets 
may conduct hearings relative to the statutory authority of the Executive 
branch and the State Treasurer and the various agencies and authorities of 
the Commonwealth to issue and sell bonds and notes and to expend cap- 
ital funds. The committee shall determine whether such laws, administra- 
tive regulations and programs are being implemented in accordance with 
the intent of the General Court. The committee may make recommenda- 
tions for statutory changes and changes in the Constitution which would 
grant discretion to the Legislature over the allotment and expenditure of 
fund authorized by capital appropriations. The committee on Bonding, 
Capital Expenditures and State Assets may initiate legislation consistent 
with Senate Rule 19. 

The committee on Bonding, Capital Expenditures and State Assets 
may report to the General Court from time to time on the results of its 
hearings. 

Any bill providing for the giving, loaning or pledging of the credit of 
the Commonwealth, except for the general appropriations bill or other 
appropriations bill addressed in Senate Rule 27A, shall, prior to its refer- 
ence to the committee on Ways and Means, be referred to the committee 
on Bonding, Capital Expenditures and State Assets for report on its rela- 



Rules of the Senate, 



497 



tionship to the finances of the Commonwealth, irrespective of any con- 
flicting committee referral to the House of Representatives. 

In compliance with section 38A of chapter 3 of the General Laws, the 
Committee on Bonding, Capital Expenditures and State Assets shall 
include with the bill a fiscal note prepared under said section 3A of said 
chapter 29, showing the estimated cost or the fiscal effect of the proposed 
legislation if, in the opinion of said committee, such cost exceeds 
$100,000. 

Messages from the Governor setting terms of bonds and notes or for 
the de-authorization or re-authorization of bonds and notes shall be 
referred to the committee on Bonding, Capital Expenditures and State 
Assets. 

The Committee on Bonding, Capital Expenditures and State Assets 
may hold oversight hearings regarding the capital programs of the com- 
monwealth and of any quasi-public entity or independent authority of the 
commonwealth. If the committee shall deem special studies or investiga- 
tions to be necessary, it may undertake studies or investigations. [2009] 

27. Bills and resolves involving public money, or a grant of public 
property, unless the subject-matter has been acted upon by the joint Com- 
mittee on Ways and Means, shall, after the first reading, be referred in 
course to the Senate Committee on Ways and Means, whose duty it shall 
be to report on their relation to the finances of the Commonwealth. 

Orders reported in the Senate or received from the House involving 
the expenditure of public money for special committees shall, before the 
question is taken on the adoption of the order, be referred to the Senate 
Committee on Ways and Means, whose duty it shall be to report on the 
order's relation to the finances of the Commonwealth. 

Every such bill involving a capital expenditure for new projects, or an 
appropriation for repairs, or any legislation, the cost of which, in the 
opinion of the committee, exceeds $100,000, when reported into the 
Senate by the Committee on Ways and Means, shall be accompanied by a 
fiscal note indicating the amount of public money which will be required 
to be expended to carry out the proposed legislation, together with an esti- 
mate of the cost of operation and maintenance for the first year if a new 
project is involved. 



498 



Rules of the Senate. 



When requested by any member, prior to the engrossment of any such 
bill involving a capital expenditure for new projects, or an appropriation 
for repairs, or any legislation, the cost of which, in the opinion of the com- 
mittee, can be ascertained in a timely manner, and which exceeds 
$100,000, the chairman of the Committee on Ways and Means, or a 
member of said committee, shall verbally disclose during session the 
amount of public money which will be required to be expended to carry 
out the proposed legislation, together with an estimate of the cost of oper- 
ation and maintenance for the first year if a new project is involved. 
[1871; 1882; 1887; 1888; 1889; 1896; 1921; 1941; 1946; 1947; 1953; 
1963; 1967; 1968; 1971; 1995; 1999.] 

27A. When the general appropriations bill is reported by the Senate 
Committee on Ways and Means the following information shall be made 
available:- (a) a prior year's appropriation, (b) the recommendation, if 
any, of the Governor, (c) the amount approved by the House, and (d) the 
amount recommended by the Senate Committee on Ways and Means. The 
committee shall identify with its recommendations for the general appro- 
priations bill all of the tax and non-tax revenues on which its spending 
recommendations are premised. The committee shall present these rev- 
enues by type and by the department or agency responsible for collecting 
them. 

The committee on Ways and Means shall provide the membership 
with a copy of its proposed text of the general appropriations bill, and an 
executive summary which shall include a list of outside sections, and a 
short summary of each outside section not later than the fifth business day 
prior to full Senate consideration of such bill. When the Senate considers 
the general appropriation bill, the bill shall appear in the Orders of the 
Day for its second-reading. All amendments to the Ways and Means pro- 
posed text shall be second-reading amendments, but further amendments 
in the third-degree to such amendments shall be in order. After the bill as 
amended is ordered to a third reading, it shall be read a third time and the 
question shall then immediately be on passing it to be engrossed. No 
amendments shall be in order at the third reading of the bill unless rec- 
ommended by the committee on Bills in the Third Reading. Each member 
shall file any proposed amendments, including those relating to outside 
sections, electronically in a form determined by the Clerk, by the time 
established for that purpose by order of the Senate. Each amendment shall 
contain a 1 -sentence descriptive title. The Clerk shall make a list of 
amendments available to the membership at least 24 hours prior to con- 
sideradon of such bill. Such list shall identify the member sponsoring the 
amendment and include the 1 -sentence descriptive title. The sponsoring 



Rules of the Senate. 



499 



member of an amendment, including further amendments in the third- 
degree, shall make available at such member's office a copy and a detailed 
summary of the amendment. The Clerk shall make available on the 
Internet the text of all amendments, including further amendments in the 
third-degree to such amendments. 

The committee on Ways and Means shall provide the membership 
with a copy of its proposed text of any other appropriations bill, and an 
executive summary which shall include a list of outside sections, and a 
short summary of each outside section not later than the fourth business 
day prior to full Senate consideration of such bill. When the Senate con- 
siders such an appropriation bill, the Ways and Means proposed text shall 
be adopted and the bill shall be ordered to a third reading without other 
amendments. The bill shall be immediately read a third time and then be 
open to other amendments. Each member shall file any proposed amend- 
ments, including those relating to outside sections, with the Clerk not later 
than 5:00 p.m. of the third business day before Senate consideration of the 
bill. Each amendment shall contain a 1 -sentence descriptive title. The 
Clerk shall make a list of amendments available to the membership at 
least 24 hours prior to the consideration of such bill. Such list shall iden- 
tify the member sponsoring the amendment and include the 1 -sentence 
descriptive title. The sponsoring member shall make available at such 
member's office a copy and a detailed summary of the amendment. 

A member may withdraw an amendment to an appropriation bill after 
filing it, or may replace a seasonably filed amendment with a redrafted 
amendment, which shall be clearly designated as such. 

This rule shall not be rescinded, amended or suspended, unless four- 
fifths of the members present consent thereto. [1974; 1993; 1997; 1999, 
2001.] 

27B. [Omitted in 1999.] 

27C. With the exception of appropriation bills and capital outlay bills, 
the Committee on Ways and Means and the Committee on Ethics and 
Rules may be discharged from the further consideration of matters 
referred to them under the following procedure. The consideration of a 
motion to discharge such committees from further consideration of a cer- 
tain matter shall be postponed without question to the day after that on 
which the motion is made. Such motion shall require a majority vote of 
the members present and voting for adoption, if made after the expiration 
of 45 calendar days after referral to said committees, but shall require a 
vote of two-thirds of the members present and voting, if made prior to the 



500 



Rules of the Senate. 



expiration of said 45 calendar days after referral to said committees. On 
the motion to discharge such committees, not more than 15 minutes shall 
be allowed for debate, and no member shall speak more than 3 minutes. 

In addition to the above procedure, the Committee on Ways and 
Means shall be discharged from further consideration of a certain matter 
upon the written petition of a majority of the members of such committee 
presented to the chairman after 45 calendar days following referral of the 
matter to said committee. When directed to discharge a certain matter 
under this rule said committees shall either report or be discharged of said 
matter within 5 legislative days of the vote or petition calling for such dis- 
charge. A petition discharged under this rule shall be considered as favor- 
ably reported and the matter accompanying said petition shall be 
designated as "discharged", and shall be placed in the Orders of the Day 
for the next day for a second reading or question on adoption, as the case 
may be, unless subject to Senate Rule 27. [1983; 1985; 2003.] 

28. No bill or resolve shall pass to be engrossed without 3 readings 
on 3 several days. [1817; 1836; 1841; 1859; 1878; 1881; 1882; 1885.] 

29. Bills and resolves, in their several readings, and resolutions, shall 
be read by their titles, unless objection is made. [1817; 1836; 1841; 1859; 
1878; 1881; 1882; 1885; 1890.] 

30. If a committee to whom a bill or resolve is referred reports that the 
same ought not to pass, the question shall be "Shall this bill (or resolve) 
be rejected?" If the rejection is negatived, the bill or resolve, if it has been 
read but once, shall go to its second reading without a question; and if it 
has been read more than once it shall be placed in the Orders of the Day 
for the next day, pending the question on ordering to a third reading, or 
engrossment, as the case may be. [1817; 1836; 1841; 1859; 1878; 1881; 
1882; 1885; 1897; 1921; 1939; 1945; 1971.] 

31. If an amendment is offered by any member at the second or third 
reading of a bill or resolve, substantially changing the greater part of the 
bill or resolve, the question shall not be put forthwith on adopting the 
amendment to the bill or resolve if formally requested by 2 members, but 
the bill or resolve shall be laid over and placed in the Orders of the Day 
for the next day after that on which the amendment is offered, with the 
amendment pending. The proposed amendment shall be printed in the cal- 
endar and in the journal. If an amendment is made at the second or third 
reading of a bill or resolve substantially changing the greater part of the 
bill or resolve, the question shall not be put forthwith on ordering the bill 



Rules of the Senate. 



501 



or resolve to a third reading or to be engrossed, as the case may be, but the 
bill or resolve, as amended, shall be placed in the Orders of the Day for 
the next day after that on which the amendment is made, and shall then be 
open to further amendment before such question is put. In like manner, 
when an amendment is made in any proposition of such a nature as to 
change its character, as from a bill to an order, or the like, the proposition 
as amended shall be placed in the Orders of the Day for the next day after 
that on which the amendment was made. [1882; 1888; 1971.] 

31A. Upon recommendation of the Committee on Ethics and Rules, 
the Senate may by order require that all amendments to a designated bill 
be filed with the Clerk not later than 1 day before consideration of the bill 
by the Senate. Such amendments shall be presented in the calendar and 
shall not be subject to Rule 31. [1997; 2003.] 

32. Bills or resolves ordered to a third reading shall be placed in the 
Orders of the Day for the next day for such reading. [1817; 1836; 1841; 
1859; 1878; 1881; 1882; 1885.] 

32 A. (1) The Senate Committee on Bills in the Third Reading may be 
discharged from the further consideration of matters referred to it pursuant 
to the following procedure: 

(a) The consideration of a motion to discharge said committee 
from further consideration of a certain matter shall be postponed without 
question to the day after that on which the motion is made. 

(b) The adoption of such motion shall require a simple majority 
vote of the members present and voting. 

(2) The Senate Committee on Ethics and Rules may be discharged 
from the further consideration of matters referred to it under Rule 26, pur- 
suant to the following procedure: 

(a) The consideration of a motion to discharge said committee 
from further consideration of a certain matter shall be postponed without 
question to the day after that on which the motion is made. 

(b) Such motion shall require a majority vote of the members pre- 
sent and voting for adoption if made after the expiration of 30 calendar 
days after referral to said committee, but shall require a vote of two-thirds 
of the members present and voting if made prior to the expiration of said 
30 calendar days after referral to said committee. 

(3) When either committee is directed to discharge a certain matter 
pursuant to this rule, such committee shall either report or be discharged 
of said matter within 5 legislative days of the vote calling for such dis- 



502 



Rules of the Senate. 



charge. A matter discharged under this rule shall be designated as "dis- 
charged" and the matter shall be placed in the Orders of the Day for the 
next sitting. On the motion to discharge such committee, not more than 
15 minutes shall be allowed for debate and no member shall speak more 
than 3 minutes. [1985; 1987; 1989; 1993; 1995; 2005.] 

32B. [Omitted in 1995.] 

33. Bills and resolves when ordered to a third reading, and bills and 
resolves amended subsequently to their third reading unless the amend- 
ment was reported by the Committee on Bills in the Third Reading, shall 
be referred forthwith to that committee, which shall examine and correct 
them, to avoid repetitions and unconstitutional provisions, and to ensure 
accuracy in the text and references, and consistency with the language of 
existing statutes, and to give effect to section 52 of chapter 3 of the Gen- 
eral Laws; but any change in the sense of legal effect, or any material 
change in construction shall be reported to the Senate as an amendment. 
The committee may consolidate into 1 bill any 2 or more related bills 
referred to it, whenever legislation may be simplified by such consolida- 
tion. Resolutions received from and adopted by the House or introduced 
or reported into the Senate, after they are read and before they are 
adopted, and amendments of bills, resolves and resolutions adopted by the 
House and sent to the Senate for concurrence, shall also be referred, in 
like manner, to the Committee on Bills in the Third Reading. When a bill, 
resolve or resolution has been so referred, no further action shall be taken 
until the committee has reported on the bill, resolve or resolution. If a bill 
or resolve referred to the Committee on Bills in the Third Reading con- 
tains an emergency preamble, changes the compensation paid to the mem- 
bers of the General Court, provides for the borrowing of money by the 
Commonwealth and comes within Section 3 of Article LXII of the 
Amendments to the Constitution, provides for the giving, loaning or 
pledging of the credit of the Commonwealth and comes within Section 1 
of Article LXII (as amended by Article LXXXIV) of the Amendments to 
the Constitution, or provides, upon recommendation of the Governor, for 
a special law relating to an individual city or town and comes within 
clause (2) of Section 8 of Article LXXXIX of the Amendments to the Con- 
stitution, the committee shall plainly indicate the fact. [1817; 1836; 1882; 
1888; 1890; 1891; 1914; 1919; 1925; 1927; 1929; 1945; 1965; 1967; 
1983.] 

33A. All legislative matters receiving a Senate number shall be pre- 
sented and made available to all the members of the Senate and to the 
public at least 24 hours in advance of consideration by the Senate. 



Rules of the Senate. 



503 



All other amendments recommended by any committee, other than the 
Committee on Bills in the Third Reading, shall be subject to this rule. 

This rule shall be suspended only upon a vote of two-thirds of the 
members present and voting. [1985.] 

34. Bills and resolves prepared for final passage shall be certified by 
the Senate Clerk and Parliamentarian, after comparison, to be the same as 
the bills or resolves passed to be engrossed; and if found to be properly 
prepared, the Clerk shall so endorse on the envelope of the bill or resolve; 
and the question on enactment or final passage or adopting an emergency 
preamble shall be taken on the bill or resolve, without further reading, 
unless specifically ordered. When a bill or resolve prepared for final pas- 
sage contains an emergency preamble, changes the compensation paid to 
members of the General Court, provides for the borrowing of money by 
the Commonwealth and comes within Section 3 of Article LXII of the 
Amendments to the Constitution, provides for the giving, loaning or 
pledging of the credit of the Commonwealth and comes within Section 1 
of Article LXII (as amended by Article LXXXIV) of the Amendments to 
the Constitution, or provides, upon recommendation of the Governor, for 
a special law relating to an individual city or town and comes within 
clause (2) of Section 8 of Article LXXXIX of the Amendments to the Con- 
stitution, the Clerk shall plainly indicate the fact. [1817; 1831; 1882; 
1888; 1914; 1919; 1965; 1967; 1971; 1983.] 



ORDERS OF THE DAY. 

35. The unfinished business in which the Senate was engaged at the 
time of the last adjournment shall have preference in the Orders of the 
Day next after motions to reconsider. [1830; 1870.] 

36. Reports of committees not by bill or resolve shall be referred to 
the Committee on Ethics and Rules; except that the report of a committee 
asking to be discharged from the further consideration of a subject and 
recommending that it be referred to another committee, or a report of a 
committee recommending that a matter be placed on file, shall be imme- 

i diately considered. All reports of the Committee on Ethics and Rules shall 
be placed in the Orders of the Day for the next session unless such matter 
is assigned for special consideration by said Committee on some future 
date. Amendments to a measure which have been made by the House and 
sent back to the Senate for concurrence shall be placed in the Orders of 



504 



Rules of the Senate. 



the next day after that on which they are received; provided that amend- 
ments involving state money shall be referred to the Committee on Ways 
and Means. 

Reports of committees on proposals for amendment of the Constitu- 
tion shall be dealt with in accordance with Joint Rule 23. [1845; 1853; 
1888; 1891; 1919; 1947; 1953; 1965; 1968; 1971; 1985; 1995; 2005.] 

37. After entering upon the consideration of the Orders of the Day, the 
Senate shall proceed with them in regular course, as follows: Matters not 
giving rise to a motion or debate shall first be disposed of in the order in 
which they stand in the calendar; then the matters that were passed over 
shall be considered and disposed of in like order. [1817; 1836; 1841; 
1859; 1878; 1882; 1885.] 

38. No matter which has been duly placed in the Orders of the Day 
shall be discharged from the Orders of the Day or considered out of its 
regular course. [1885.] 

38A. The Senate shall not continue in session beyond the hour of 8 
p.m. This rule shall not be suspended unless two-thirds of the members 
present and voting consent to such suspension on a recorded yea and nay 
vote. [1983; 2005.] 

38A 1/2. The Senate shall not continue in session beyond midnight. 
This rule shall not be suspended unless two-thirds of the members present 
and voting consent to such suspension on a recorded yea and nay vote. 
[2005.] 

38B. Debate and consideration on the general appropriation bill shall 
begin at 10 a.m. and shall be the only matter placed on the calendar for 
that day. [1985.] 



RULES OF DEBATE. 

39. When speaking, each member shall stand in such member's place 
and address the President. When recognized, the member shall confine 
such member's remarks to the measure and question under debate and 
shall at all times avoid personalities. [1817; 1831; 1871; 1973.] 

40. When 2 or more members rise to speak at the same time, the Pres- 
ident shall designate the member who is entitled to the floor. [1831; 1888.] 



Rules of the Senate. 



505 



41. No member shall speak more than once to the prevention of any 
other member who has not spoken and desires to speak on the same ques- 
tion. [1817; 1886.] 

42. No member shall interrupt another while speaking, except by 
rising to call to order or to rise to a question of personal privilege or par- 
liamentary inquiry. [1817; 1831; 1971.] 

43. After a question is put to vote no member shall speak to it. [1817.] 

43A. No appeal from a decision of the President shall be entertained 
unless it is seconded; and the question on the appeal shall be disposed of 
forthwith. [1973.] 



MOTIONS. 

44. Any motion shall be reduced to writing if the President so directs. 
A motion need not be seconded and may be withdrawn by the mover if no 
objection is made. [1817; 1844; 1871; 1888.] 

44 A. [Omitted in 2011.] 

45. An amendment to any measure filed for debate with the Clerk con- 
taining 2 or more propositions, capable of division, shall be divided when- 
ever desired by any member. When a motion to strike out and insert is thus 
divided, the failure of the motion to strike out shall not preclude amend- 
ment; or, if the motion to strike out prevails, the matter proposed to be 
inserted shall be open to amendment before the question is taken on 
inserting it. [1817; 1841; 1888.] 

46. When a question is under debate the President shall receive no 
motion that does not relate to the same, except a motion to adjourn or 
some other motion which has precedence by express rule of the Senate, or 
because it is privileged in its nature; and the President shall receive no 
motion relating to the same except: 

(1) To lay on the table (or take from the table); 

(2) To close debate at a specified time; 

(3) To postpone to a day certain; 

(4) To commit (or recommit); 



506 



Rules of the Senate. 



(5) To amend; 

(6) To postpone indefinitely. 

These motions shall have preference in the order in which they stand. 
[Between 1821 and 1826; 1831; 1844; 1870; 1882; 1885; 1888; 1921; 
1939; 1945; 1971.] 

47. Debate may be closed at any time not less than 1 hour from the 
adoption of a motion to that effect. On this motion not more than 10 min- 
utes shall be allowed for debate, and no member shall speak more than 3 
minutes. [1882.] 

48. When motions are made to refer a subject to different committees, 
the committees proposed shall be considered in the following order: 

(1) A standing committee of the Senate; 

(2) A special committee of the Senate; 

(3) A joint standing committee of the 2 branches; 

(4) A joint special committee of the 2 branches. [1884; 1888.] 

49. No engrossed bill or resolve shall be amended; but this rule shall 
not apply to a bill or resolve returned by the Governor with a recommen- 
dation of amendment under Article LVI of the Amendments of the Con- 
stitution; nor shall it apply to amendments of engrossed bills proposed by 
the House and sent to the Senate for concurrence. [1837; 1919; 1931.] 

50. No motion or proposition of a subject different from that under 
consideration and no measure which has been finally rejected or disposed 
of by the Senate shall be admitted under the color of an amendment. 
[1882; 1971.] 

51. [Omitted in 2011.] 

52. The motion to adjourn and the call for yeas and nays shall be 
decided without debate. 

On the motions to lay on the table and take from the table, to postpone 
to a time certain, to commit or recommit (except with instructions), not 



Rules of the Senate. 



507 



exceeding 10 minutes shall be allowed for debate, and no member shall 
speak more than 3 minutes. 

On a motion to reconsider, not more than 30 minutes shall be allowed 
for debate, and no member shall speak more than 5 minutes; but on a 
motion to reconsider a vote upon any subsidiary, incidental or dependent 
question debate shall be limited to 10 minutes, and no member shall speak 
more than 3 minutes. 

On a motion to suspend any of the joint rules or Senate rules debate 
shall be limited to 15 minutes, and no member shall speak more than 3 
minutes. [1817; 1859; 1870; 1874; 1882; 1885; 1937; 1941.] 

52A, The Senate President or presiding officer of the Senate may not 
declare that the Senate is in recess for more than 30 minutes, without 
informing the members from the rostrum of a time certain for reconven- 
tion. [1993.] 



RECONSIDERATION. 

53. No motion to reconsider a vote shall be entertained unless it is 
made on the same day on which the vote has passed, or on the next day 
thereafter on which a quorum is present and before the Orders of the Day 
for that day have been taken up. If reconsideration is moved on the same 
day, the motion shall (except during the last 7 calendar days of formal 
business under Joint Rule 12 A) be placed first in the Orders of the Day for 
the succeeding day; but if it is moved on the succeeding day, the motion 
shall be considered forthwith; provided, however, that this rule shall not 
prevent the reconsideration of a vote on a subsidiary, incidental or depen- 
dent question at any time when the main question to which it relates is 
under consideration; and provided, further, that a motion to reconsider a 
vote on any incidental, subsidiary or dependent question shall not remove 
the main subject under consideration from before the Senate, but shall be 
considered at the time when it is made. 

There shall be no reconsideration of the vote on the question on 
adjourning, for the yeas and nays, on laying on the table or on taking from 
the table; and when a motion for reconsideration has been decided, that 
decision shall not be reconsidered. [1817; between 1821 and 1826; 1858; 
1885; 1888; 1891; 1902; 1946; 1999.] 



508 



Rules of the Senate. 



REJECTED MEASURES. 

54. When any measure has been finally rejected or finally disposed of 
by the Senate, no measure substantially the same shall be introduced by 
any committee or member during the session, or moved as an amendment 
to another measure. [1817; dispensed with in 1831; revived in 1838; 
amended in 1841; 1844; 1877; 1882; 1971.] 



VOTING. 

55. The President shall declare all votes; but if a member doubts a 
vote, the President shall order a return of the number voting in the affir- 
mative, and in the negative, without further debate. [1831; 1888.] 

56. The sense of the Senate shall be taken by yeas and nays whenever 
required by one-fifth of the members present, or by a number of members 
equal to the total number of members of the minority party. The President 
may wait a period not exceeding 10 minutes before ordering the Clerk to 
start the yeas and nays, during which time the members shall be sum- 
moned to the Senate Chamber as the President may direct 

Other business of the Senate may be taken up during the 10 minute 
period. At the end of the 10 minute interval, the President shall state the 
question to be roll called and then direct the Clerk to begin the call. If, 
before the vote is taken, a member states to the Senate that such member 
has paired with another member and how each would vote on the pending 
question, the fact shall be entered on the journal immediately after the 
record of the yeas and nays, and such member shall be excused from 
voting. If, after the yeas and nays have been ordered, an advanced notice 
of at least 60 minutes is given by the President, the President may set a 
time certain for the vote to be taken and the 10 minute waiting period 
above prescribed may be waived. [1817; 1852; 1888; 1971; 1972, 1997.] 

57. Whenever a question is taken by yeas and nays, the Clerk shall 
call the names of all members, except the President, in alphabetical order, 
and every member present shall answer to such member's name, unless 
excused before the vote was taken. Except in the case of a vote to ascer- 
tain the presence of a quorum, if a member present in the State House is 
prevented from voting personally in the Senate Chamber at the member's 
assigned seat because of physical disability, that member may be excused 



Rules of the Senate. 



509 



from so voting by the President, who shall assign a court officer to answer 
the roll call on behalf of the member so long as the disability continues; 
provided, however, that the President shall announce the action of the 
Chair to the membership prior to assigning a court officer to cast the 
member's vote; and provided further, that the President shall announce the 
action to the membership the first time a vote is cast for that member on 
each successive day that the member is absent from the chamber because 
of the disability. No member shall be permitted to vote after the decision 
is announced from the Chair. [1837; 1844; 2008.] 

57A. [Omitted in 2011.] 



ELECTIONS BY BALLOT. 

58. In all elections by ballot a time shall be assigned for such election, 
at least 1 day prior to such election, except in case of an election of Pres- 
ident or President pro tempore, under Rule 5. [1831; 1891.] 



REPORTERS' GALLERY. 

59. The use of the reporters' gallery of the Senate Chamber shall be 
subject to the approval and direction of the Committee on Ethics and 
Rules during the session and of the President after prorogation. Except in 
the reporter's official capacity as a reporter, no reporter who is entitled to 
the privileges of the reporters' gallery shall seek to influence the action of 
the Senate or any member, nor shall such person approach a member to 
seek to influence such member in any place from which legislative agents 
are excluded by Rule 61. Every legislative reporter desiring admission to 
the reporters' gallery of the Senate Chamber shall state in writing that such 
reporter is not the agent or representative of any person or corporation 
interested in legislation before the General Court and will not act as rep- 
resentative of any such person or corporation while such reporter retains 
a place in the gallery; but nothing in this rule shall prevent such legisla- 
tive reporter from engaging in other employment, provided such other 
employment is specifically approved by the Committee on Ethics and 
Rules and reported to the Senate. [1847; 1911; 1914; 1925; 1989; 2003.] 

59 A. Formal sessions of the Senate shall be made accessible to elec- 
tronic media, including television, radio and the Internet. The manner, 
conditions and extent of such access shall be established by the Com- 
mittee on Ethics and Rules. 



510 



Rules of the Senate. 



The President and the Clerk shall endeavor to provide that all formal 
sessions of the Senate during which the general appropriation bill is con- 
sidered are broadcast live. If it is not feasible for such a session to be 
broadcast live they shall endeavor to provide for its delayed broadcast. 
The Committee on Ethics and Rules may provide for the audio or video 
transmission via the Internet of Senate sessions. The committee on Ethics 
and Rules may enter into agreements with nonprofit entities, including 
public and private educational facilities, to provide for audio or video 
transmission via the Internet of the Senate sessions. 

This rule shall not be suspended unless by majority vote of the mem- 
bers present and voting. 

If, for any reason, the Senate convenes in a formal session and such 
session is not televised live, then the party under the contractual duty to 
provide the broadcast shall provide to the Senate President and Minority 
Leader within 24 hours of the adjournment of such session a report 
including, but not limited to an explanation for why the broadcast was not 
received. 

Prior to permanent arrangements being entered into for the broadcast 
of formal Senate sessions, any television carrier, who wishes to broadcast 
any formal Senate session shall make application to the committee on 
Ethics and Rules to do so, approval of which shall not be unreasonably 
withheld. Any carrier may make arrangements to utilize a pool feed to be 
provided under guidelines and conditions set forth by the committee on 
Ethics and Rules. [1989, 2001; 2003; 2007.] 

59B. The Clerk of the Senate shall deliver a copy of each broadcast 
Senate session to the Majority Floor Leader and the Minority Floor 
Leader not later than 24 hours after such session has ended. 

The Clerk of the Senate shall also keep a copy of every broadcast 
Senate session for reference purposes. These copies shall be made avail- 
able to the public upon request. [1993.] 

59C. The electronic feed that provides the broadcast coverage of the 
Senate sessions shall be available to any media outlet. [2002.] 

59D. (1) The President shall make available to each member of the 
Senate a copy of the contract for the broadcast of the Senate formal ses- 
sions. 



Rules of the Senate. 



511 



(2) Any contracts executed after January 1, 2003 concerning televi- 
sion broadcast of the formal sessions of the Senate shall require the fol- 
lowing information to be reported to the members of the Senate: 

(a) a list of all cities and towns to receive live television broad- 
casts of the sessions of the Senate; 

(b) a list of each city and town to receive Senate coverage 
including the date and time of the live and pre-recorded broadcasts of each 
session of the Senate; 

(c) a list of cities and towns that do not receive live televised 
broadcasts of the sessions of the Senate and an explanation for the lack of 
coverage. 

The President shall make available said copy of the contract to each 
member of the Senate on the first day of the annual session. [2003.] 



THE SENATE CHAMBER AND ADJOINING ROOMS. 

60. No person not a member shall be allowed to sit at the Senate table 
while the Senate is in session. [1853;1888.] 

61. No person, except members of the legislative and executive 
departments of the state government, persons in the exercise of an official 
duty directly connected with the business of the Senate, and reporters who 
are afforded press privileges by the Senate President, shall, unless invited 
by the President, be admitted to the floor of the Senate Chamber or to the 
Senate Reading room or to the corridor between the Senate Reading room 
and the Senate Chamber during the sessions of the Senate, or during the 
half hour preceding or succeeding said sessions, nor to the Senate reading 
room, cloak room or anterooms on any day when a session of the Senate 
is held, except upon written invitation bearing the name of the person it is 
desired to invite and the name of the Senator extending the invitation, 
which invitation shall be surrendered when the person enters one of the 
otherwise restricted areas. 

Reporters desiring access to the Senate Chamber shall make written 
application to the President stating the purposes for which the privileges 
are required, and such privileges shall be granted only upon written 
approval by the President. 



512 



Rules of the Senate. 



No legislative agent shall be admitted to the floor of the Senate 
Chamber. On any day when a session of the Senate is held, no legislative 
agent shall be admitted to the Senate Reading room, the cloak room, the 
Senate corridor or anterooms and no person, except members of the leg- 
islative and executive departments of the state government and persons in 
the exercise of an official duty directly connected with the business of the 
Senate shall be permitted to loiter in the Reading room, the cloak room, 
the Senate corridor or anterooms at any time. Smoking shall not be per- 
mitted in the Senate Reading room, the cloak room or the anterooms. 
[1870; 1875; 1886; 1891; 1895; 1896; 1897; 1898; 1907; 1909; 1914; 
1916; 1925; 1989.] 

61A. No person shall be allowed to smoke on the floor of the Senate. 
[1985.] 

62A, No use of cellular telephones shall be permitted in the Senate 
Chamber while the Senate is in session. [2003.] 



PARLIAMENTARY PRACTICE. 

62. The rules of parliamentary practice shall govern the Senate in all 
cases to which they are applicable, and in which they are not inconsistent 
with these rules or the joint rules of the 2 branches. [1847; 1858; 1882; 
1895; 1963.] 



ALTERATIONS, SUSPENSION OR REPEAL OF RULES. 

63. This rule and rules 24, 3 1, 33, 34 and 53 shall not be suspended if 
objection is made; and no other rule shall be altered, suspended or 
repealed, except by vote of two-thirds of the members present and voting. 
The Committee on Ethics and Rules may consider and suggest measures 
that shall, in its judgment, tend to facilitate the business of the Senate, and 
a majority vote of the Senate shall be required to approve such recom- 
mendations. [1817; 1841; 1848; 1882; 1888; 1891; 1893; 1899; 1953; 
1973; 2003.] 

64. Twenty-one members shall constitute a quorum for the organiza- 
tion of the Senate and the transaction of business. [See Amendments to 
the Constitution, Art. XXXIII.][1973.] 



Rules of the Senate. 



513 



65. The Senate shall meet not later than the fourth Friday following 
the convening of the first annual session of a General Court for the pur- 
pose of adopting permanent rules of the Senate. [1991; 2007.] 

66. [Omitted in 1997.] 

67. The resignation of a Senator shall become effective within 14 days 
from submission of a letter of resignation or a letter of intent to resign to 
the Senate President's Office. [2007.] 



REVIEW PAST SENATE PROCEDURE. 

68. The President shall establish a commission to examine past rules 
and practices of the Massachusetts State Senate. 

This commission shall consist of 3 members: the Senate President pro 
tempore; the majority leader; and the minority leader; and shall examine 
and compare the current rules and practices of the Massachusetts State 
Senate with the body's historic rules and practices. This examination and 
comparison may include, but not be limited to, matters of decorum, atten- 
dance, dress, and schedule. 

The commission shall report its findings and recommendations by 
September 1 of every odd numbered year. 



INDEX TO SENATE RULES. 



[The figures refer to the number of the rules.] 

Absence, leave of, 11. 
Acting President, 4. 
Adjourn, motions to, 46, 52. 

Agents, legislative, not admitted to Senate Chamber, etc., 61. 

AMENDMENTS: 

adopted by the House and sent back, 33, 36. 
appropriation bills, three business days, 27A. 
appropriation bills, second degree, 27A. 
certain not to be admitted, if finally disposed of, 50. 
certain, to be in print and available, 3 3 A. 
changing bill to an order, etc., 31. 

engrossed bill or resolve not to be amended, except, etc., 49. 

in filling blanks, largest sum, etc., 51. 

may be proposed by up to three members, 44A. 

not to be admitted if of a different subject, 50. 

of rules, 63. 

printed in calendar, recommendations of Rules committee, 31 A. 
private bill not in order as substitute for certain committee reports, 15. 
proposed by member, substantially changing bill or resolve, to be laid 

over at the request of two members, 3 1 . 
subsequent to third reading, to be referred to committee on Bills in the 

Third Reading, 33. 
subsequent to third reading, appropriation bills, 27A. 
to report of a committee, 23, 26. 
when questions shall be divided, 45. 

APPEALS: 

from decision of the President, 2. 

must be seconded, 43A. 
Audits of Senate accounts, 13C. 

B. 

Ballot, elections by, 5, 13, 58. 
Bill drafting division, 17. 



514 



Index to the Rules of the Senate. 



515 



BILLS AND RESOLVES: 

amendments of, from House, 33, 36. 

amendments, printed in calendar, Ethics & Rules committee recom- 
mend, 31 A. 

containing emergency preambles, or providing for borrowing money 
by the Commonwealth under Article LXII of the Amendments to 
the Constitution, 33, 34. 

embodying legislation affecting rights of individuals or corporations 
not to be reported unless based upon petition, etc., 15. 

enactment of, 34. 

engrossed, not to be amended, except, etc., 49. 
engrossed, to be certified by Clerk, 34. 
filling in blanks, 51. 

for special legislation, not to be reported if object is attainable by gen- 
eral or existing laws, 16. 

from House, local matter, placed in calendar, 26. 

from House, to be reprinted in certain cases, 9. 

from House, to be referred, unless reported by, or substituted for a 
report of, a joint committee, 26. 

how to be introduced, 23. 

how to be written, etc. 17. 

if adversely reported by the committee, question on rejection, 30. 

in print and available, 33A. 

involving appropriations, proper form, 27A. 

involving capital expenditure, appropriation, or cost of which exceeds 

$100,000, shall have a fiscal note attached, 27. 
involving expenditure of state money, or grant of public property, to 

be referred to committee on Ways and Means, unless, etc., 27. 
motions contemplating legislation to be founded upon petition, 19. 
not to be engrossed unless read on three several days, 28. 
ordered to a third reading or amended subsequent to third reading, 

unless, etc., to be referred to the committee on Bills in the Third 

Reading, 33. 

ordered to a third reading, placed in the Orders of the next day, 32. 
reading of title dispensed with at second reading unless passed for 
debate, 7A. 

rejected measures, or matters otherwise disposed of, not to be 
revived, 50, 54. 

substantial amendment proposed by member, lay over at request of 

two members, 3 1 . 
substantially amended, to be placed in the Orders of the next day, 3 1 . 
to be printed on order of the President, 20. 
to be read by their titles only, unless objection made, 29. 



516 



Index to the Rules of the Senate. 



to be referred to the committee on Ethics & Rules, 26. 
two or more, may be consolidated, 33. 
Bills in the Third Reading, committee on, 12, 32A, 33 (See also Joint 
Rule 22A). 

Borrowing of money by the Commonwealth, committee on Bills in the 
Third Reading to indicate on outside of bills and resolve, 33. 

C. 

Calendar. See Senate Rule 7 and Orders of the Day. 
Capital expenditures, fiscal notes on, 27. 
Chaplain, appointment of, by President, 4. 

Clerk and Parliamentarian, duties of, 6, 7, 7A, 7B, 9, 18A, 20, 27A, 34, 
56, 57, 59B (See also Joint Rules 12, 13, 15-20, 21, 23, 24, 26A). 
Commit, motion to, 46, 48, 52. 
COMMITTEES: 

adverse report on bill or resolve, question on rejection, 30. 

adverse reports of, to be referred to committee on Ethics & Rules, 36. 

appointment every two years, 12. 

chair, nomination and ratification, 13. 

discharge procedure, committees on Ways and Means and Rules, 
27C. 

duties of, on Bills in the Third Reading, 33. 
duties of, on Bonding Capital Expenditures and State Assets, 26C. 
duties of, on Ethics and Rules, IID, 12 A, 13 A, 13C, 20, 26, 31 A and 
36. 

duties of, on Steering and Policy, 12B. 

duties of, on Ways and Means, 27, 27A, (See also Joint Rule 1). 
majority, minority proportional representation consideration, 13. 
may report adversely or a general law in certain cases, 16 (See also 
Joint Rule 7). 

may report by bill or otherwise on messages from the Governor and 

special reports, 19. 
minority members appointed by minority leader, 13. 
not allowed to occupy Senate Chamber without a vote of the Senate, 

14. 

not to report bills and resolves in certain cases, unless notice has been 

given to parties interested, etc., 15. 
orders authorizing, to travel or employ stenographers, 13A (See also 

Joint Rule 29). 

orders, etc., involving special investigations by, 13A (See also Joint 
Rule 29). 



Index to the Rules of the Senate. 



517 



reports of, on proposals for amendment to the Constitution, 36 (See 

also Joint Rule 23). 
standing, to be appointed, 12, 12A (See also Joint Rule 1). 
to be appointed by President unless, etc.; in case of election by ballot, 

13. 

to report adversely or a general law in certain cases, 16 (See also Joint 

Rule 7). 
vacancy, 13. 

vice-chairman, second named member, 13. 

vice-chair of ways and means, nomination and ratification, 13. 
Compensation of members, yeas and nays, 57A. 
Constitution, proposals for amendment to, 36 (See Joint Rule 23). 
Counsel, legislative, not admitted to Senate Chamber, etc., 61. 
Counsel to the Senate, 9A. 

Credit of the Commonwealth, pledging of, 33, 34. 

D. 

DEBATE, RULES OF: 

limitation as to speaking, 41. 

matters not giving rise to motion or debate to be first disposed of, 37. 
member not to interrupt another, except, etc., 42. 
member not to speak to a question after it is put to vote, 43. 
member to stand in his place when speaking, to address the President, 
39. 

motion to close debate at any time, not less than one hour, in order, 
47. 

motions to be decided without debate, 52. 

motions to lay on or take from the table, postpone or to commit or 

recommit, debate limited, 52. 
motions to reconsider, debate limited, 52. 
motions to suspend rules, debate limited, 52. 
personalities, avoid, 39. 

President to designate who may speak when two or more members 
rise at the same time, 40. 

when a question is under debate, the President shall receive no 
motion, except, etc., 46. 
Decorum, President shall preserve, 2. 
Discharge from Bills in the Third Reading, 32A. 
Discharge from Orders of the Day, 38. 
Discharge from Ethics & Rules, 27C, 32A. 
Discharge from Ways and Means, Rules, 27C. 
Documents, printing of, 9, 20 (See also Joint Rule 21). 



518 



Index to the Rules of the Senate. 



E. 

Elections by ballot, 5, 13, 58. 

Elections by roll call, 5, 13. 

Electronic media, access to formal sessions, 59A. 

Emergency preambles, 33, 34. 

Employees, hiring and dismissal, 11 A. 

Employees, perform tasks commensurate with compensation, received, 
etc., lOA. 

Engrossed bill, resolve, not to be amended, except, 49. 
Engrossed bills. (See Final Passage). 

Ethics and Rules, committee on, 12, 12 A, 13 A, 13C, 20, 27C, 59, 59A, 63 
(See also Joint Rules 1, 14, 21, 29, 30, 32). 

may make recommendations to facilitate business of the session, 63. 

may make recommendations to print amendments on calendar, 31 A. 
Excuse from voting, 56, 57. 

F. 

Files, taking of matters from, 20. 

Final passage, bills and resolves prepared for, 34. 

Fiscal notes, 27, 27A. 

G. 

General appropriation bill, 27A, 38B. 

General bills, 16. 

GOVERNOR: 

bills and resolves returned by, may be amended, 49 (see Const. Am. 

Art. LVI). 
messages from, 19. 

I. 

Informal Sessions. See Sessions. 

Information to be transmitted to the Senate, orders etc., providing for, 13A 

(See also Joint Rule 29). 
Initiative bills to be placed in the Orders of the Day, 26. 
Investigations, orders, etc., involving special, by committees, 13 A, 27 

(See also Joint Rule 29). 



J. 



Index to the Rules of the Senate. 



519 



Joint Rules, Clerk to insert in appendix to journal, 6. 
Journal, 6, 20. 

L. 

Last week of session, 24, 53. 

Legislative counsel and agents not to be admitted to Senate Chamber, 
etc. 61. 

Local matters, placement in calendar, 26. 

M. 

Majority party caucus, 13B. 

Majority party leadership positions, nominations and ratifications; 
vacancy, 13. 

Majority party leadership positions, limit term, IIB. 

Member, officer or employee, use improper means to influence agencies, 

etc., 10. 
MEMBERS: 

compensation, indication on envelope, roll call, 33, 34, 57A. 
desiring to be excused from voting, 56, 57. 

eldest senior member present to call Senate to order in case of absence 
of President, 5. 

first named, or having highest number of votes, to be chairman of 

committee, 13. 
limitation as to speaking, 41. 

may announce pairs before yeas and nays are called, 56. 

may be appointed to perform duties of Chair, 4. 

may request postponement of orders, etc., 24. 

may request proposed amendment to be laid over, 3 1 . 

may request that a question be divided, 45. 

may request the taking of matters from the files, 20. 

not to interrupt another, except, 42. 

not to act on any committee or to vote upon a question where private 
right is immediately concerned distinct from the public interest, 
10. 

not to speak to a question after it is put to vote, 43. 

number of, on each standing committee, 12 (See also Joint Rule 1) 

office and space assignments, allocation of funds, 11 A. 

presenting petition, etc., to endorse name, etc., 18. 

President may speak to points of order in preference to, 2. 

President to call to order, 1 . 

President to designate member entitled to floor, 40. 



520 



Index to the Rules of the Senate. 



questions of conduct, 12 A. 
suspension, 12A. 

to avoid personalities, during debate, 39. 

when speaking, to rise and address the President, 39. 
Minority Leader, 12, 13. 
Minority party, 13. 

Minority party, requests for roll calls, 56. 

Minority party leadership positions, limit term, IIB. 

MOTIONS: 

certain to be laid over, 24, 31. 

certain to be referred to the committee on Ethics & Rules, 13 A. 
different from subject under consideration, shall not be admitted, 50. 
may be divided, 45. 

must relate to question under debate, 46. 

order of precedence, 46. 

reduced to writing, 44. 

that create main questions, 13 A. 

time allowed for debate, 52. 

O. 

Officers and employees, 10, lOA, 11 A. 

Order, President to preserve. 2. 

Order, question of. See Questions of order. 

ORDERS: 

consideration of, may be postponed if any member so requests, 24. 
drafting division to prepare, 17. 

involving expenditure of public money for special committees, to be 

referred to committee on Ways and Means, 27. 
or motions authorizing committees of the Senate to travel or to 

employ stenographers; involving special investigations by Senate 

committees; and providing that information be transmitted to the 

Senate, 13A (see also Joint Rule 29). 
to be deposited with Clerk, etc., 20. 

ORDERS OF THE DAY: 

amendments to measures from House to be placed in, except, etc., 36. 
bills and resolves ordered to a third reading to be placed in, 32. 
bills and resolves substantially amended to be placed in, 31. 
bills and resolves, upon which adverse report has been negatived, to 
be placed in, 30. 

Clerk to indicate amendments of bills and resolves from House in, 9. 
Clerk to prepare and cause to be printed, 7. 



Index to the Rules of the Senate. 



521 



consideration of matters in, 37. 
local matters, placed in, 26. 
matters not to be discharged from, 38. 
procedure, 7A. 

reports of committees on Ethics & Rules, to be placed in, 26, 36. 
reports of committees, except those asking discharge, etc., to be 
placed in, 36. 

unfinished business to have preference in, next after motions to recon- 
sider, 35 

P. 

Pairs, recording of, 56. 

Parliamentarian, Senate Clerk to be, 7B. 

Parliamentary inquiry, question of 42. 

Parliamentary practice, rules of, govern the Senate, 62. 

Personal privilege, question of, 42. 

PETITIONS: 

bills introduced by initiative, to be referred to the committee on Ethics 
& Rules, 26. 

certain legislation not to be proposed, introduced or reported unless 

founded on petition, 15. 
how committees shall report upon certain, 15, 16. 
identical, 18A. 

legislation shall be founded upon, 19. 
presented by a member, 18. 
reading dispensed with, 18. 
refiled, 17. 

statement of the nature and object of, 18. 

to be filed with Clerk and referred by him to committees, 20. 
Placed on file, 36 (See also Joint Rules lOA, 12). 
Pledge of allegiance, lA. 
Pledging credit of the Commonwealth, 33, 34. 
Post Audit and Oversight, committee on, 12. 
Postpone indefinitely, 46. 
Postpone to a day certain, 46, 52. 

Postponement of consideration of certain requests and motions at request 

of a member, 24. 
Prayer, lA. 
PRESIDENT: 

appeal from a decision of, 43A. 

bills and resolves accompanying petitions, and other documents, to be 
printed on order of, 20 (See also Joint Rule 21). 



522 



Index to the Rules of the Senate. 



duties of, 1-4, 5A, 13, 13B. 

election, roll call vote, 4A. 

may set time certain for yeas and nays, 56. 

name not to be called in taking yeas and nays, 57. 

petitions, etc., to be referred by Clerk, with the approval of, 20. 

to appoint committees, unless otherwise ordered, 13. 

to cancel session during extreme emergency, 5A. 

to declare a session to be informal, 5A. 

to declare all votes; if doubted, shall order a return of votes, 55. 
to designate member entitled to floor, 40. 

to nominate committee chairs and vice-chair of Ways and Means, 13. 
use of reporters' gallery to be subject to approval and direction of, 59, 

61. 
vacancy, 5. 

Printing of documents, 9, 20 (See also Joint Rule 21) 
Privilege of the floor, etc., 61. 

Public property, bills or resolves involving grant of, to be referred to com- 
mittee on Ways and Means, unless, 27. 

Q. 

Questions of order, 2, 6, 42. 

Quorum, 1, 11, 64 (See Const. Am. Art. XXXIII). 

R. 

Reading of papers, may be dispensed with, 18, 20. 
Recesses, inform members of reconvening, 52A. 
Recommit, motion to, 46, 52. 
Reconsideration, 52, 53. 

Reference to committee, precedence of committees, 48. 
Rejected measures, 54. 

Repealed laws, not to be re-enacted by reference, 17. 

Reporters' gallery, control of, etc., 59, 61. 

Reports of committees, 15, 16, 19, 23, 26, 27, 30, 36. 

Reprinting of bills and resolves, 9. 

Rescission of rules, vote required, 63. 

RESOLUTIONS: 

drafting division to prepare, 17. 

to be deposited with Clerk, etc., 20. 

to be printed, 20. 

to be read by title, unless objection, 29. 



Index to the Rules of the Senate. 



523 



to be referred to the committee on Bills in the Third Reading before 
adoption, 33. 

to be referred to the committee on Ethics & Rules, 26. 
Resolves. See Bills and Resolves. 

RULES: 

alteration, suspension or repeal of, 52, 63. 
Clerk to insert in appendix in journal, 6. 

motions to suspend certain, may be postponed, on request of a 

member, 24. 
of parliamentary practice, 62. 
permanent, deadline for adoption, 65. 
violations of, 12 A. 
Study commission, 68. 

S. 

Senate Chamber and adjoining rooms, 59, 60, 61, 61 A. 
SESSIONS: 

cancellation of, 5A. 

informal, 5A, 7. 

last week of, 24, 53. 

television, radio coverage for formal, 59A. 
to end at 8 o'clock RM., 38A. 
Special bills, 16. 

Special reports, filed with Clerk and printed, 20. 
Steering and Policy, committee on, 12B. 

Stenographers, employment of, by committees, 1 3A (See also Joint Rule 
29). 

Suspension of certain rules, laid over, 24. 
SUSPENSION OF RULES: 

limit of debate on, 52. 

vote required, 63. 

T. 

TABLE: 

lay on, take from, limit debate on motion to, 52. 

lay on, take from, motion to, 24, 46, 52. 
Take from files, 20. 
Television, radio coverage, 59A. 
Television session, videotapes, availability, 59B. 
Term limits, 1 IB. 



524 



Rules of the Senate. 



Third Reading, committee on Bills in the, 12, 32 A, 33. 

Travel, orders authorizing committees to, 13A (See also Joint Rule 29). 

U. 

Unfinished business, 35. 

V. 

Videotapes, Senate sessions, 59B. 
Voting, 55-57. 

W. 

Ways and Means, committee on, 12, 13, 27, 27A, 27C, 36 (See also Joint 
Rule 1). 

Y. 



Yeas and Nays, 33, 38A, 52, 56, 57, 57A. 



Rules 

OF THE 

House of Representatives 

s amended and adopted by the House on January 
20, 2011.] 



RULES 
OF THE 

HOUSE OF REPRESENTATIVES 

[As amended and adopted on January 20, 201 1.] 



[Rule numbers have been changed. Numbers enclosed 
in brackets following each rule indicate 
the rule number prior to 1979. 

Numbers enclosed in parentheses following each rule 
indicate the corresponding Senate Rule.] 



SPEAKER. 

1. The Speaker shall take the Chair at the hour to which the House 
stands adjourned, call the members to order, and, on the appearance of a 
quorum, proceed to business. [1.] (Senate Rule 1.) 

lA. The House shall not be called to order before the hour of ten 
o'clock A.M. nor meet beyond the hour of nine o'clock P.M. At the hour 
of nine o'clock P.M., if the House is in session, the Speaker shall inter- 
rupt the business then pending and shall, without debate, place before the 
House the question on suspension of this rule which shall be decided by 
a majority of members present and voting by a recorded yea and nay 
vote. If the vote is in the affirmative, said vote shall permit the House to 
remain in session until the hour of midnight; provided that the session 
shall not continue beyond the hour of midnight, unless by unanimous 
consent of the members present. The House shall then return to the 
pending business; and if no matter was pending, to the next order of 
business. However, if the vote is in the negative, the Speaker shall forth- 
with, and without further debate, adjourn or recess the House to a time 
not earlier than ten o'clock A.M. on the next succeeding calendar day. 

[Adopted Jan. 12, 1983; Amended Jan. 11, 1985; Jan. 12, 1987; Jan. 
14, 1997; May 16, 2000.] 

2. The Speaker shall preserve decorum and order in the House 
Chamber. While in the House Chamber, members and staff shall be 
required to dress in proper and appropriate attire and to refrain from the 



528 



House of Representatives. 



529 



use of cellular telephones, beepers and pagers. The use of visual aids 
including, without limitation, posters, displays, or charts shall be per- 
mitted only upon approval of the Speaker. The Speaker also may speak 
to points of order in preference to other members; and shall decide all 
questions of order, subject to an appeal to the House. [2.] (2.) [With 
regard to appeals, see Rule 77.] 

[Amended Jan. 11, 1985; Jan. 9, 2003; Jan. 20, 201 1.] 

3. The Speaker shall declare all votes, subject to verification as here- 
inafter provided. [3.] (55.) [See Rules 49 to 53, inclusive.] 

[Amended Jan. 11, 1985.] 

4. In all cases the Speaker may vote. [4.] (3.) 
[Amended Jan. 11, 1985.] 

4A. The Speaker may appoint a Speaker pro tempore. The Speaker 
pro tempore shall assist the Speaker in the coordination of policy devel- 
opment and the ceremonial functions of the House and shall perform 
such duties assigned to him by the Speaker. Upon a vacancy in the office 
of Speaker, the office of Speaker pro tempore shall be considered vacant. 

[Adopted Jan. 26, 2005, Amended, Jan. 23, 2007.] 

5. The Speaker may appoint a member to perform the duties of the 
Chair. In the event the Speaker fails to appoint a member to perform the 
duties of the Chair, the Speaker pro tempore shall be the Acting Speaker 
until the Speaker otherwise provides or until a vacancy in the office of 
Speaker occurs. In the event that the Speaker pro tempore is absent or is 
unable to perform the duties of Acting Speaker, the Majority Leader, the 
Assistant Majority Leader, the Second Assistant Majority Leader or 
other designee shall be the Acting Speaker. [7.] (4.) 

[Amended April 18, 1979; Jan. 11, 1985; Jan. 14, 1997; Jan. 26, 
2005.] 

6. In case of a vacancy in the office of Speaker, or in case the 
Speaker or the member named by said Speaker in accordance with the 
preceding rule is absent at the hour to which the House stands adjourned, 
the senior member present shall call the House to order, and shall preside 
until a Speaker is elected, which shall be the first business in order. [8.] 
(5.) 

[Amended Jan. 11, 1985, Amended, Jan. 23, 2007.] 

7. At the beginning of the first year of the two year General Court 
the Speaker shall, unless the House otherwise directs, appoint a Chap- 



530 



Rules of the 



lain; and the Speaker shall promptly fill any vacancy in the office of 
Chaplain. [7A.] (4.) 

[Amended Jan. 11, 1985.] 

SCHEDULING. 

7A. There shall be appointed a standing committee on Steering, 
Policy and Scheduling consisting of eleven members. The committee 
shall not be subject to the provisions of Rule 17A, but shall be authorized 
to meet from time to time at the call of the Chair for the purpose of 
assisting the members of the House of Representatives in identifying the 
major matters pending before the General Court, the relative urgency and 
priority for consideration of such matters, and alternative methods of 
responding to such matters by the General Court. Said committee shall 
schedule legislative matters in a manner that will provide for an even dis- 
tribution and orderly consideration of reports of legislative committees 
on the daily Calendar. 

The committee on Steering, Policy and Scheduling shall not be 
authorized to recommend changes or amendments to legislation or rec- 
ommend that a matter ought to pass or ought not to pass, but shall only 
report asking to be discharged from further consideration of a bill, and 
recommending that it be referred or recommitted to another committee, 
provided, however, that it shall not recommend that a matter be referred 
or recommitted to the committee on Rules or the committees on Rules of 
the two branches, acting concurrently, or what date a matter shall be 
scheduled for consideration by the House and placed in the Orders of the 
Day. All reports by the committee on petitions filed or approved by the 
voters of a city or town, or by the mayor and city council, or other leg- 
islative body of a city or the town meeting of a town with respect to a 
law relating to that city of town shall be read and considered by the 
House at a formal or informal session before being accepted, rejected or 
otherwise acted upon. 

All matters received from the Senate or reported from standing com- 
mittees of the House and joint standing committees of the General Court 
shall, unless subject to provisions of any other House or joint rules, be 
referred to the committee on Steering, Policy and Scheduling. All matters 
reported by said committee on Steering, Policy and Scheduling recom- 
mending that a matter shall be scheduled for consideration by the House 
shall be placed in the Orders of the Day for the next sitting. Said com- 
mittee may report on a legislative matter within thirty days following the 
day the matter was referred. If the committee fails to report a matter 



House of Representatives. 



531 



within thirty days following the date of its reference, the Clerk shall 
place the matter on the Calendar of the House as if it had been scheduled 
for consideration by said committee on Steering, Policy and Scheduling. 

[Adopted Jan. 14, 1997; Amended Jan. 26, 1999; Jan. 24, 2001; Jan. 
9, 2003; Jan. 26, 2005.] 

7B. The committee on Rules shall be authorized to originate and 
report special orders for the scheduling and consideration of legislation 
on the floor of the House. Said committee shall not be subject to the noti- 
fication provisions contained in Rule 17A but may hold public hearings 
and shall accept testimony only from the members of the House. A 
majority of the members appointed to the committee shall constitute a 
quorum. When reported, such orders may be amended by a two-thirds 
vote of the members present and voting, and shall be subject to approval 
by a majority of the members of the House present and voting. Debate on 
the question on adoption of such orders shall be limited to one hour. No 
orders adopted pursuant to this paragraph shall limit the powers of the 
Speaker as provided in Rules 1 to 6, inclusive. Such orders shall not be 
subject to reconsideration. 

[Adopted Jan. 14, 1997; Amended Jan. 24, 2001, Feb. 11, 2009.] 

7C. The committee on Rules may consider and make recommenda- 
tions designed to improve and expedite the business and procedures of 
the House and its committees, and to recommend to the House any 
amendments to the Rules deemed necessary; provided that a majority of 
the members of the House present and voting shall be required to 
approve such recommendations. 

The committee shall be privileged to report at any time. 
[Adopted Jan. 14, 1997.] 

7D, The Speaker shall, in consultation with the committee on Rules 
and the committee on Steering, Policy and Scheduling, establish a com- 
mittee scheduling system that would minimize to the greatest extent pos- 
sible scheduling conflicts for members of committees. 

The Speaker shall determine a schedule for the House for each week 
relative to fornial and informal sessions and shall make such schedule 
available to the members by Thursday of the preceding week; provided, 
however, that the Speaker may make, notwithstanding the provisions of 
Rule 7A, changes in the schedules to facilitate the business of the House 
in an efficient and timely fashion. The Speaker shall communicate notice 
of any such scheduling change to the members in writing or by way of 



532 



Rules of the 



electronic mail as soon as practicable, and whenever possible, the 
Speaker shall provide such notice not less than twenty-four hours before 
the event so rescheduled is set to commence. 
[Adopted Jan. 14, 1997; January 9, 2003.] 

MONITORS. 

8. Two monitors shall be appointed by the Speaker for each division 
of the House, whose duty it shall be to see to the due observance of the 
rules, and, on request of the Speaker, to return the number of votes and 
members in their respective divisions. [9.] 

9. If a member transgresses any of the rules after being notified 
thereof by a monitor, it shall be the duty of such monitor to report the 
case to the House. 

It shall be the duty of a monitor to report his or her knowledge of the 
occurrence of a member voting for another member, in his or her divi- 
sion of the House, to the Speaker of the House and to the Minority 
Leader. [10.] [See Rules 16 and 16A.] 

[Amended Jan. 9, 1991; May 5, 1993.] 

9A. There shall be established a Floor Division Committee for each 
of the four divisions of the House. The Speaker shall appoint a Floor 
Division chairperson for each of the four divisions. Said committee shall 
consist of the members assigned to the respective divisions. 

In order to create a continuous flow of debate, each chairperson 
shall be responsible for reviewing the daily Calendar and providing 
advance notice to committee members in the respective divisions of all 
matters scheduled for consideration in the Orders of the Day. Said com- 
mittee chairpersons shall provide information to members of their com- 
mittees on pending legislation and other matters of business before the 
House. 

In addition to the legislative duties, chairpersons shall oversee the 
physical appearance of the Chamber and the various areas under the 
jurisdiction of the House of Representatives. Said chairpersons shall be 
authorized to act as a committee and may meet at any time at the request 
of at least two chairpersons. Said chairpersons, as a committee, shall be 
authorized to meet with the appropriate agencies and historical commis- 
sions of the Commonwealth for the purpose of requesting expeditious 
appraisals and necessary repairs and renovations to the interior and exte- 



House of Representatives. 



533 



rior of the State House. The committee of chairpersons shall report 
directly to the Speaker the results of all consultations. 
[Adopted Jan. 14, 1997.] 

CLERK. 

10. The Clerk shall keep the Journal of the House. The Clerk shall 
enter therein a record of each day's proceedings and, whenever practi- 
cable, submit it to the Speaker and the Minority Leader before the hour 
fixed for the next sitting, and shall cause the same to be available daily 
in a format to be determined by the Clerk; and provided further that a 
copy of said Journal shall also be made available to each member of the 
House. Any objection to the Journal shall be made before the House pro- 
ceeds to the consideration of the Orders of the Day. [11.] (6.) 

[Amended Jan. 12, 1981; Jan 1 1, 1985; Jan. 17, 1995; Jan. 9, 2003.] 

lOA. The Clerk shall be the official parliamentarian of the House of 
Representatives. 

[Adopted Jan. 9, 1991.] 

11. Every question of order with the decision thereof shall be entered 
at large in the Journal, and shall be noted in an appendix, which shall 
also contain the rules of the House and of the two branches. [12.] (6.) 

12. The Clerk shall prepare and make available on each day of 
formal session a Calendar of matters in order for consideration and such 
other memoranda as the House or the Speaker may direct. The Clerk 
shall prepare a Calendar on which shall appear any question on passage 
of a bill or resolve notwithstanding the objections of His Excellency the 
Governor which may be considered forthwith at the direction of the 
House or Speaker. 

When, in the determination of the Clerk, a volume of matters exists 
for the next legislative day, the Clerk shall be authorized to prepare and 
cause to be made available an advance calendar of the matters in order of 
consideration for the next legislative day and such other memoranda as 
the House or Speaker may direct. The Clerk may indicate on the advance 
calendar that the matters contained therein are subject to change. 

The Clerk shall be authorized to dispense with preparing and making 
available a Calendar for designated formal sessions of the House only 
after two-thirds of the members present and voting consent thereto on a 
recorded yea and nay vote. Debate on this question shall be limited to 



534 



Rules of the 



fifteen minutes, no member shall speak more than three minutes, and 
such question shall not be subject to reconsideration. 

The Clerk shall dispense with preparing and making available a Cal- 
endar for designated Informal Sessions of the House. 

As soon as practicable whenever the Clerk prepares a Calendar or 
advance Calendar under this rule, he also shall cause a true copy thereof 
to be posted on the Legislative Web Page that is generally available to all 
members and their staff, and reasonably promptly thereafter he shall 
cause the members and their staff to be notified of the same by way of 
electronic mail. [13.] (7.) [Amended Jan. 12, 1983; Jan. 11, 1985; Jan. 
12, 1987; May 5, 1993; Jan. 17, 1995; Jan. 24, 2001; Jan. 9, 2003; Jan. 
26, 2005, Jan. 23, 2007.] 

13. Any objecfion to the Calendar shall be made and disposed of 
before the House proceeds to the consideration of the Orders of the Day. 
[14.] 

13A. The clerk shall make available to all members electronically 
and, to the public via the Internet, the text of all bills introduced and 
admitted for consideration in the House. 

MEMBERS. 

14. No member shall stand up, to the inconvenience of others, while 
a member is speaking; or be involved in disturbing conversation while 
another member is speaking in debate; or pass unnecessarily between the 
Speaker of the House and the member speaking; or stand in the passages, 
or in the area in front of the Chair; or stand at the Clerk's desk while a 
roll call is in progress. [16.] 

[Amended Jan. 12, 1987; Jan. 9, 1989; Jan. 26, 1999.] 

14A. No member shall hold, for more than eight consecutive years, 
the office of Speaker of the House. For purposes of this rule, the 
counting of consecutive years shall commence on January 7, 2009. 

15. When it appears to the presiding officer that the presence of a 
quorum is endangered, the Chair shall order the doors closed. If a 
quorum is doubted the Chair shall order the doors closed and thereafter 
no member shall enter or leave the House until an initial determination 
has been made as to the presence of a quorum or lack thereof; and there- 
after, provided that no quorum is present, no member shall leave the 



House of Representatives. 



535 



House unless by permission of the presiding officer, but members shall 
be admitted, at any time. 

Upon the doubting of a quorum and after ascertaining that a quorum 
is not present, the Speaker may order a recorded attendance roll call to 
be taken by use of the electronic roll call system. 

Said roll call, if ordered, shall be taken at a time determined by the 
Speaker. 

Members answering a quorum call shall vote "YES" on the roll call 
system. [17.] (11.) 

[Amended Jan. 12, 1981; Feb. 22, 1982; Jan. 12, 1983; Jan. 12, 
1987; Jan. 9, 1991.] 

ETHICS. 

16. There shall be appointed a committee on Ethics as authorized by 
Rule 17. The committee shall consist of eleven members, seven of whom 
shall be appointed by the Speaker, four of whom shall be appointed by 
the Minority Leader. 

A member appointed to the committee shall not be considered to be a 
member of the committee subsequent to the declaration of candidacy for 
any other state or federal elective office. 

The committee shall investigate and evaluate, at the direction of the 
Speaker, by a sworn written complaint filed and delivered by a member, 
officer or employee to the chairman, or by a majority vote of the mem- 
bers appointed to the Ethics committee, any matters relative to alleged 
violations of Rule 16A by a member, officer or employee. 

Upon the receipt of said sworn written complaint, at the direction of 
the Speaker or by a majority vote of the members appointed to the Ethics 
committee, the committee shall notify any person named of the nature of 
the alleged violation and a list of prospective witnesses, and also shall 
notify said person of the final disposition and the recommendations, if 
any, of the committee. 

Any member, officer, or employee of the House named relative to an 
alleged violation shall be afforded the opportunity to appear before the 
committee on Ethics with counsel. 



536 



Rules of the 



All proceedings including the filing of the initial complaint shall be 
considered confidential information. 

If the alleged violation received in the manner described above is 
deemed to have merit by a majority vote of the members appointed to the 
committee, the committee shall file a report with the Clerk of the House. 
Said report shall be a public document. The committee shall not disclose 
any allegation deemed to be frivolous or without merit. 

If a majority appointed finds that any member of the House, officer, 
or employee has violated any provision of Rule 16A, a majority 
appointed may, in the case of a member, recommend a reprimand, cen- 
sure, removal from a chairmanship or other position of authority, or 
expulsion; and in the case of an officer or employee, a majority 
appointed may recommend a reprimand, suspension, or removal from 
employment. 

Should such an alleged violation be filed with the committee 
regarding a member or members of the House Ethics committee, said 
member or members shall not participate in the committee deliberations 
on said alleged violation. 

Any member, officer, or employee of the House may request in 
writing from the House committee on Ethics an advisory opinion con- 
cerning any contemplated personal action or potential personal conflict. 
The committee on Ethics shall issue written advisory opinions and clari- 
fication in response to said written request. The committee shall respond 
within sixty days of receipt of such a request, unless the General Court 
has prorogued. In that event, the committee shall respond within thirty 
days following the opening of the new session. 

No member, officer, or employee of the House shall be penalized in 
any manner for having acted within the guidelines of an advisory 
opinion, provided that all pertinent facts are stated in the original request 
for an advisory opinion. Any advisory opinion issued by the committee 
on Ethics shall be valid only for biennial session in which it was issued. 

The chairman of the Ethics committee may convene the committee at 
any time. 

The chairman shall also convene the committee at the written request 
of at least five members of the committee. 



House of Representatives. 



537 



The Committee may, upon the written and signed report of two- 
thirds of the members of the committee, file a special report containing 
legislation without said legislation being founded upon petition which 
shall be referred under the provisions of Rule 24 and consistent with the 
provisions of Joint Rule 13, to the appropriate joint standing committee. 
Any special report containing legislation filed pursuant to this paragraph 
shall be germane to subject matters regularly considered by the com- 
mittee. The committee shall not include in any such special report a bill 
that would have a fiscal impact as described in Rule 33. 

Upon convening of the first annual session of the General Court and 
after the adoption of rules, all members, officers and employees of the 
House shall be provided with a current copy of the Code of Ethics con- 
tained in Rule 16A. [19.] (12A.) 

[Amended Jan. 12, 1987; May 5, 1993; Jan. 17, 1995; Mar. 6, 1995; 
Jan. 14, 1997; Jan. 20, 2011.] 

CODE OF ETHICS. 

16A. (1.) While members, officers and employees should not be 
denied those opportunities available to all other citizens to acquire and 
retain private, economic and other interests, members, officers, and 
employees should exercise prudence in any and all such endeavors and 
make every reasonable effort to avoid transactions, activities, or obliga- 
tions, which are in substantial conflict with or will substantially impair 
their independence of judgment. 

(2.) No member, officer or employee shall solicit or accept any com- 
pensation or political contribution other than that provided for by law for 
the performance of official legislative duties. 

(3.) No member, officer or employee shall serve as a legislative 
agent as defined in Chapter 3 of the General Laws regarding any legisla- 
tion before the General Court. 

(4.) No member, officer or employee shall receive any compensation 
or permit any compensation to accrue to his or her beneficial interest by 
virtue of influence improperly exerted from his or her official position in 
the House. 

(5.) No member, officer or employee shall accept employment or 
engage in any business or professional activity, which will require the 



538 



Rules of the 



disclosure of confidential information gained in the course of, and by 
reason of, his or her official position. 

(6) No Member, officer or employee shall willfully and knowingly 
disclose or use confidential information gained in the course of his or her 
official position to further his or her own economic interest or that of 
any other person. 

(7.) Except as provided in Rule 49, no member shall cast a vote for 
any other member, nor shall any officer or employee vote for any 
member, except that the Clerk or an assistant Clerk may record a vote for 
a member who votes late under the provisions of Rule 52, or is prohib- 
ited from voting from his desk due to a malfunction of the electronic roll 
call voting system; provided the Clerk's action shall not be construed as 
voting for said member. 

(8.) No member shall use profane, insulting, or abusive language in 
the course of public debate in the House Chamber or in testimony before 
any committee of the General Court. 

(9.) No member, officer or employee shall employ anyone from 
public funds who does not perfomi tasks which contribute substantially 
to the work of the House and which are commensurate with the compen- 
sation received; and no officer or full time employee of the House shall 
engage in any outside business activity during regular business hours, 
whether the House is in session or not. All employees of the House are 
assumed to be full time unless their personnel record indicates otherwise. 

(10.) No member, officer or employee shall accept or solicit com- 
pensation for non-legislative services which is in excess of the usual and 
customary value of such services. 

(1 1.) No member, officer or employee shall accept or solicit an hon- 
orarium for a speech, writing for publication, or other activity from any 
person, organization or enterprise having a direct interest in legislation 
or matters before any agency, authority, board or commission of the 
Commonwealth which is in excess of the usual and customary value of 
such services. 

(12.) No member, officer or employee shall knowingly accept any 
gifts from any legislative or executive agent. No member, officer or 
employee shall accept any gift from any person or entity having a direct 
interest in legislation before the General Court (For the purpose of this 



House of Representatives. 



539 



paragraph, the definitions of "gift" and "person" are defined in chapter 
268B, section 1(g) and l(m).). 

(13.) No member shall convert campaign funds to personal use in 
excess of reimbursements for legitimate and verifiable campaign expen- 
ditures. Members shall consider all proceeds from testimonial dinners 
and other fund raising activities as campaign funds. 

(14.) No member shall serve on any committee or vote on any ques- 
tion in which his/her private right is immediately concerned, distinct 
from the public interest. [19.] 

(15.) No member, officer or employee shall violate the confiden- 
tiality of any proceeding before the Ethics committee. [19A.] 
[Amended Jan. 12, 1981; May 5, 1993; Jan. 24, 2001.] 

16B. The Committee on Personnel and Administration shall develop 
and conduct an ethics law training program for every member, officer 
and employee of the House; provided further, that said training program 
shall include, without limitation, a detailed review of the requirements 
and prohibitions of chapter 268A and chapter 268B of the General Laws; 
and provided further, that said training program shall be offered no later 
than July 1 of the first biennial session of the General Court and shall be 
mandatory for all members, officers and employees. 

[Adopted Jan. 9, 2003, Amended Jan 20, 201 1.] 

16C. Bills involving lobbyists' reporting laws, and laws pertaining 
to the ethical conduct of public officials shall, after their first reading, be 
referred to the committee on Ethics, for report on their relation to the 
ethics laws of the Commonwealth. No new provisions shall be added to 
such measures by the committee, unless directly pertaining to ethics. 

COMMITTEES. 

17. At the beginning of the first year of the two year General Court, 
standing committees shall be appointed as follows: 

A committee on Rules; 
(to consist of fifteen members). 

A committee on Ways and Means; 
(to consist of thirty-two members). 

A committee on Bills in the Third Reading; 
(to consist of three members). 



540 



Rules of the 



A committee of each Floor Division; 
(to consist of the members of each division). 

A committee on Ethics; 
(to consist of eleven members). 

A committee on Personnel and Administration; 
(to consist of thirteen members). 

A committee on Post Audit and Oversight; 
(to consist of eleven members). 

A committee on Steering, Policy and Scheduling; 
(to consist of eleven members). 

A committee on Bonding, Capital Expenditures and State Assets; 
(to consist of eleven members). 

A committee on Global Warming and Climate Change; 
(to consist of eleven members). 

Committee meetings, insofar as practicable, shall not be scheduled in 
conflict with formal sessions of the House of Representatives. [20.] (12, 
12A, 12B.) 

[Amended March 6, 1979; Sept. 16, 1981; Jan. 11, 1985; Jan. 12, 
1987; May 5, 1993; Oct. 6, 1993; May 23, 1996; Jan. 14, 1997; Jul. 17, 
2003; Jan. 26, 2005.] 

17A. (a) For the purposes of this rule, the following terms shall, 
unless the context clearly requires otherwise, have the following mean- 
ings: 

"Deliberation", a verbal exchange between a quorum of members of 
a committee attempting to arrive at a decision on any public business 
within its jurisdiction. 

"Emergency", a sudden generally unexpected occurrence or set of 
circumstances demanding immediate action. 

"Executive conference", any meeting or part of a meeting of a com- 
mittee which is closed to certain persons for deliberation on certain mat- 
ters. 

"Executive session", any meeting or part of a meeting of a com- 
mittee wherein the committee is voting on legislation and where public 
participation is limited to observance. 

"Meeting", any corporal convening and deliberation of a committee 
for which a quorum is required in order to make a decision at which any 
public policy matter over which the committee has supervision, control. 



House of Representatives. 



541 



jurisdiction or advisory power is discussed or considered; provided, how- 
ever, that "meeting" shall not include an on-site visitation or inspection 
of any project or program. 

"Quorum", a simple majority of a committee unless otherwise 
defined by constitution, rule or law applicable to such committee; pro- 
vided further, that a quorum shall be presumed to be present unless oth- 
erwise doubted. 

(b) All meetings, except executive conferences, of House standing 
and special committees, shall be open to the public and any person shall 
be permitted to attend any meeting except as otherwise provided pur- 
suant to this rule or Rule 7A. 

No quorum of a committee shall meet in private for the purpose of 
deliberation except as provided pursuant to this rule. 

No executive session shall be held until: (i) the committee has first 
convened in an open session for which notice has been given; (ii) the 
presiding officer has stated the authorized purpose of the executive ses- 
sion; (iii) a majority of the members of the committee present have voted 
to go into executive session and the vote of each member has been 
recorded on a roll call vote and entered into the minutes: and (iv) the pre- 
siding officer has stated before the executive session if the committee 
will reconvene after the executive session. 

(c) Executive conferences shall be held only for the following pur- 
poses: (i) to discuss the reputation, character, physical condition or 
mental health rather than the professional competence of a member, 
officer or employee; 

(ii) to consider the discipline or dismissal of, or to hear complaints 
or charges brought against, a member, officer or employee; (iii) to dis- 
cuss strategy with respect to litigation if an executive session or other 
open meeting may have a detrimental effect on the legal position of the 
committee; or (iv) to consider the purchase, exchange, lease or value of 
real property, if such discussions may have a detrimental effect on the 
negotiating position of the Commonwealth or a person, firm or corpora- 
tion. 

A member, officer or employee subject to an executive conference 
pursuant to clause (i) or clause (ii) shall be notified in writing no less 
than 48 hours prior to the proposed executive conference; provided, how- 
ever, that upon agreement of the parties involved, the notification 



542 



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requirements of clause (i) and clause (ii) may be waived. Upon request 
of the member, officer or employee subject to an executive conference 
pursuant to clause (i) or clause (ii) the executive conference shall be 
open to the public. 

A member, officer or employee subject to an executive conference 
pursuant to clause (i) or clause (ii) shall have the right to: (a) be present 
at such executive conference during discussions or considerations which 
involve that member, officer or employee; (b) have counsel or a repre- 
sentative of his/her own choosing present and attending for the purpose 
of advising said member, officer or employee; provided, however, that 
said counsel or representative shall not actively participate in the execu- 
tive conference; and (c) to speak on his/her own behalf to the committee 
assembled in executive conference. 

(d) This rule shall not apply to any chance meeting or social meeting 
at which matters relating to official business are discussed so long as no 
final agreement is reached. No chance meeting or social meeting shall be 
used in circumvention of the spirit or requirements of this section to dis- 
cuss or act upon a matter over which the committee has supervision, con- 
trol, jurisdiction, or advisory power. 

(e) Except pursuant to an emergency, a notice and agenda of every 
meeting of a committee subject to this rule shall be filed with the Clerk 
of the House, publicly posted by the Clerk on the bulletin board outside 
the Clerk's Office and in such other places as are designated in advance 
for such purpose by said Clerk, made available to all members electroni- 
cally and made available to the public via the Internet at least forty-eight 
hours, including Saturdays, but not Sundays and legal holidays, prior to 
the time of such meeting and a list of the bills, petitions, and resolutions 
to be considered for a vote or other action by the committee. The notice 
shall include the date, time and place of such meeting. Such filing and 
posting shall be the responsibility of the committee scheduling such 
meeting. The notice and posting requirements shall not apply to execu- 
tive conferences held pursuant to clause (i) or clause (ii) of part (c) of 
this rule unless the member, officer or employee subject to the executive 
conference requests that the executive conference be open to the public, 

(f) A committee shall maintain accurate records of its meetings and 
hearings setting forth the date, time and place thereof, and recording any 
action taken at each meeting, hearing, executive conference or executive 
session. All votes requested to be taken in executive sessions shall be 
recorded roll call votes and shall become a part of the record of said 



House of Representatives. 



543 



executive sessions. The record of each meeting shall become a public 
record and be available to the public; provided, however, that the records 
of any executive conference shall remain secret as long as publication 
may defeat the lawful purposes of the executive conference. 

(g) Upon prior notification and approval of the chair, a meeting of a 
committee may be recorded by a person in attendance by means of a 
recorder or any other means of audio/visual reproduction; provided, 
however, that said recording shall not interfere with the conduct of the 
meeting. Executive conferences conducted pursuant to clause (i) or 
clause (11) of part (c) of this rule shall not be recorded unless upon the 
request of the member, officer or employee who is subject to said execu- 
tive conference. Executive conferences conducted pursuant to clause (iii) 
or (iv) of part (c) of this rule may be recorded at the discretion of the 
chair. 

(h) Copies of all redrafted bills that are to be voted on at an execu- 
tive session by the House Ways and Means Committee shall be available 
to all members of the committee electronically in the form they will be 
considered no less than twenty-four hours prior to their consideration; 
provided, however, that said committee may vote on a bill that has not 
been available for said period of time by vote of a majority of the com- 
mittee members present. 

[Adopted Nov. 17, 1983; Amended Jan. 12, 1987; Jan. 9, 1991; May 
5, 1993; Jan. 17, 1995; Jan. 14, 1997; Jan. 9, 2003, Jan. 23, 2007, Feb. 
11,2009.] 

17B. Whenever any member of a House committee present at the 
committee meeting so requests, the vote to give any legislation a favor- 
able or adverse report shall be a recorded vote of the full committee. 
Such votes shall be recorded on appropriate forms that show all votes for 
and against the particular committee action. The record of all such roll 
calls shall be kept in the offices of the committee and shall be available 
for public inspection. 

No report of a House committee on any legislation shall be final 
until those members of the committee present and voting with the 
majority have been given the opportunity to sign such appropriate forms 
before the report is made to the House. No signature shall be valid unless 
the forms to which the signatures are affixed include the substantially 
complete text of the legislation being reported. 

[Adopted Nov. 17, 1983; Amended Jan. 12, 1987.] 



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17C. There shall be a committee on Personnel and Administration on 
the part of the House consisting of thirteen members. Said committee 
shall be responsible for the allocation of office space as equitably as pos- 
sible among the various members and joint and standing committees on 
the part of the House and their respective staff. 

The committee shall allocate space among the various committees on 
the part of the House taking into account the work load, duties and 
responsibilities and size of staff of each. 

The Speaker may make temporary office assignments in accordance 
with the foregoing principles. 

The committee on Personnel and Administration may from time to 
time make changes in the assignment of office space for committees and 
the various staffs in accordance with the established standards. 

Said committee shall establish the staffing levels and positions for 
each joint and standing committee of the House together with a classifi- 
cation plan for all employees of the House of Representatives. 

For each person who is employed or is to be employed by a joint or 
standing committee on the part of the House, each committee chairman 
shall nominate each such person and the House members of the com- 
mittee by a majority vote shall vote on whether to approve each said 
nominee. The House members of the committee shall approve such per- 
sons whose character and qualifications are acceptable to the majority of 
the House members of the committee and are in accordance with the 
qualifications established by the Personnel and Administration com- 
mittee. 

The chairman of each standing committee shall have the authority to 
discharge an employee. 

The House staff members of each committee shall be appointed 
solely on the basis of fitness to perform the duties of their respective 
positions and consistent with section four of chapter one hundred fifty- 
one B of the General Laws. The committee staff shall not: 

(1) engage in any work other than committee business during busi- 
ness hours; and 

(2) be assigned any duties other than those pertaining to committee 
business. 



House of Representatives. 



545 



The committee shall meet on request of the chairman or any three 
members of the committee. Any such meeting requested shall be con- 
vened on or within the fifth business day following such request. All 
such requests shall be in writing and forwarded to the chairman and each 
member of the committee. 

Funds shall be allocated from the budget to carry out the detemiina- 
tion of the committee. 

[Adopted Jan. 11, 1985; Amended Jan. 16, 1985; Jan. 12, 1987; Jan. 
9, 1991.] 

17D. [Omitted Jan. 26, 2005.] 

17E. [Omitted Jan. 26, 2005.] 

17F. [Omitted Jan. 26, 2005.] 

17G. The committee on Bonding, Capital Expenditures and State 
Assets shall review all legislation providing for the giving, loaning or 
pledging of the credit of the Commonwealth (see Article LXII of the 
Amendments to the Constitution, as amended by Article LXXXIV). Said 
committee shall be responsible for evaluating such legislation and deter- 
mining the appropriateness of enacting legislation containing increased 
bond authorizations for the Commonwealth. The committee shall period- 
ically review and hold open public hearings, accepting oral and written 
testimony on the status of the bonds and notes of the Commonwealth, 
including (1) general obligation debt; (2) dedicated income tax debt; and 
(3) special obligation debt. The committee shall also, in its continuing 
study of the state's bonding practices, review the Commonwealth's lia- 
bilities relative to (a) state-supported debt; (b) state-guaranteed debt; and 
(3) indirect obligations. 

Any bill providing for borrowing for new projects, and requiring the 
Commonwealth to issue bonds for such purpose, shall, prior to its refer- 
ence to the committee on Ways and Means, be referred to the committee 
on Bonding, Capital Expenditures and State Assets for report on its rela- 
tionship to the finances of the Commonwealth. A measure may initially 
be referred to a joint committee with jurisdiction over the subject matter 
before being referred to the committee on Bonding, Capital Expenditures 
and State Assets. 

The committee on Bonding, Capital Expenditures and State Assets 
shall consult with the various agencies of the executive branch and the 



546 



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office of the Treasurer and Receiver-General relative to project expendi- 
tures, availability of funds, the sale of new bonds and the resultant debt 
obligations, federal reimbursements and other related funding and 
bonding issues. 

The committee on Bonding, Capital Expenditures and State Assets 
shall be authorized to conduct hearings relative to the statutory authority 
of the executive branch and the Treasurer and Receiver-General in the 
issuance and sale of bonds and notes and the expenditure of capital funds 
by the various agencies and authorities of the Commonwealth. The com- 
mittee shall determine whether such laws, administrative regulations and 
programs are being implemented in accordance with the intent of the 
General Court. The committee shall be authorized to make recommenda- 
tions for statutory changes and changes in the Constitution which would 
grant discretion to the General Court over the allotment and expenditure 
of fund authorized by capital appropriations. 

The committee on Bonding, Capital Expenditures and State Assets 
shall be authorized to report to the General Court from time to time on 
the results of its hearings and to file drafts of legislation and proposals 
for amendments to the Constitution necessary to carry its recommenda- 
tions into effect. 

Messages from the Governor setting terms of bonds and notes, or for 
the de-authorization or authorization of bonds and notes shall be referred 
to the committee on Bonding, Capital Expenditures and State Assets. 

18. The Speaker shall appoint, and may recommend the removal of, 
the Speaker pro Tempore, the Majority Floor Leader, Assistant Majority 
Floor Leader, and Second Assistant Majority Floor Leader. The Minority 
Leader shall appoint, and may recommend the removal of, the Assistant 
Minority Floor Leader, Second Assistant Minority Floor Leader, and 
Third Assistant Minority Floor Leader. The Minority Leader shall be that 
member of the minority party who is selected for that position by the 
members of his/her party. 

Each of the foregoing appointments and/or removals shall be ratified 
by a majority vote of the respective party caucus. In the event that an 
appointment is rejected by such caucus another appointment shall be 
made by the person designated to make the initial appointment, which 
shall also be subject to ratification in the same manner. 

The Speaker shall appoint, and may recommend the removal of, the 
chair of each standing committee. The Speaker shall appoint, and may 



House of Representatives. 



547 



recommend the removal of, the vice chair and assistant vice chair of the 
Ways and Means committee and the vice chair of the Post Audit and 
Oversight committee. 

The majority party shall then vote to accept or reject each such 
appointment and/or recommendation for removal by a majority vote. 

In the event that any such appointment is rejected by the caucus, the 
procedure of this rule shall be repeated until an appointment for the said 
position has been approved by the caucus. A vacancy in any position to 
which the provisions of this section apply shall be filled in the same 
manner as provided in this section for original appointment. 

The Speaker and the Minority Leader may, without a majority vote 
of their respective parties, remove a member appointed to pursuant to 
this rule who has been criminally indicted by a court of competent juris- 
diction. 

[Amended Jan. 16, 1979; Nov. 17, 1983; Jan. 11, 1985; Jan. 9, 1991; 
Jan. 14, 1997, Jan. 23,2007.] 

18A. There shall be one member of the minority party on all com- 
mittees of conference and one on the committee on Bills in the Third 
Reading. On all other standing and joint committees, the percent of 
minority party membership shall be at least equal to the percent of 
minority party membership in the House of Representatives as of the 
first day of the session; provided, further, that where such percentage 
results in a fraction of a number, the fraction shall be rounded off to the 
nearest whole; provided, however, that the minority party shall under no 
circumstances have less than four members on the committee on Ethics, 
four on the committee on Personnel and Administration, three on the 
committee on Rules and six on the committee on Ways and Means. In no 
case shall minority party representation be less than two members on all 
other standing and joint committees. 

The Speaker and the Minority Leader shall appoint the members of 
their respective party caucuses to be assigned to each standing com- 
mittee. The Speaker shall appoint the vice chair of each standing com- 
mittee. The appointments, except those to which Rule 18 applies, shall 
be voted upon together and shall be subject to ratification by majority 
vote of the appropriate party caucus. 

No member shall be removed from a standing committee except 
upon the recommendation of the Speaker or Minority Leader, as the case 



548 



Rules of the 



may be, subject to the ratification by their respective caucuses; provided, 
however, that the Speaker and the Minority Leader may, without a 
majority vote of their respective parties, remove a member appointed to 
pursuant to this rule who has been criminally indicted by a court of com- 
petent jurisdiction; and provided further, that if any vacancy occurs in a 
position to which Rule 1 8 does not apply, subsequent to the initial ratifi- 
cation, the Speaker or Minority Leader shall fill such vacancy. 

The Speaker shall announce committee appointments of majority 
party members, and the member first named shall be chairman, and the 
second named member shall be vice-chairman. The Minority Leader 
shall announce committee appointments of minority party members. 
(13.) 

[Adopted Jan. 11, 1985; Amended Jan. 12, 1987; Jan. 9, 1991; Jan. 
14, 1997.] 

18B. All votes on ratification by the caucus required by these rules 
shall be by written ballot and shall require a majority of those present 
and voting. 

[Adopted Jan. 11, 1985.] 

19. A majority and minority party caucus may be called by the 
Speaker or Minority Leader, respectively, or upon petition of twenty-five 
percent of the members of the respective party caucus. A caucus may 
entertain resolutions, motions, or other means of ascertaining the sense 
of the respective party members on any subject. (13B.) 

[Adopted Nov. 17, 1983; Amended Jan. 11, 1985.] 

19A. The majority party and minority party shall establish caucus 
rules that shall dictate the procedures of each caucus. 
[Adopted Nov. 17, 1983; Amended Jan. 14, 1997.] 

20. The committee on Ways and Means shall report in appropriation 
bills the total amount appropriated. The General Appropriation Bill shall 
be available to the members at least seven calendar days prior to consid- 
eration thereof by the House. [25.] (27A.) 

[Amended Jan. 11, 1985; Mar. 24, 1986; Jan. 14, 1997; Jan. 26, 
2005.] 

20A. Notwithstanding the provisions of Rule 33A, amendments to 
the General Appropriation Bill shall be filed with the Clerk of the House 
in a forniat to be determined by the Clerk by five o'clock P.M. within the 
close of three business days of said General Appropriation bill being 



House of Representatives. 



549 



made available in a format to be determined by the Clerk and release of 
said document by said Clerk if the release of said document occurs by 
two o'clock P.M. Otherwise, the day following the release shall be con- 
sidered the first business day. The Clerk, with the assistance of the com- 
mittee on Ways and Means, shall categorize the subject-matter of the 
amendments and arrange such amendments for consideration sequen- 
tially by subject as appearing in the published version of the General 
Appropriation Bill, or the Clerk, with the assistance of the committee on 
Ways and Means, shall categorize the subject-matter of the amendments 
and arrange such subject matters for consideration as determined by the 
committee on Ways and Means. Debate on the General Appropriation 
Bill shall not commence until a date and time to be determined by the 
House which is subsequent to the designated time established for filing 
of amicndments. 

Before the main question on the General Appropriation Bill is placed 
before the House, an amendment may be postponed or withdrawn at the 
request of the primary sponsor of the amendment or postponed by the 
committee on Ways and Means; provided that further consideration of 
any amendment so postponed shall take place immediately subsequent to 
consideration of the amendments within the particular subject-matter to 
which the postponed amendment was assigned according to the provi- 
sions of paragraph one of said rule; provided that if more than one 
amendment is so postponed, subsequent consideration of said amend- 
ments shall be in the order determined by the committee on Ways and 
Means; provided further, an amendment so postponed shall not be subse- 
quently considered outside of its assigned subject-matter; and provided 
further, that notwithstanding the provisions of Rule 33A, amendments 
submitted to the Clerk shall be in a format to be determined by the 
Speaker in consultation with said Clerk and shall include an original 
copy only; and provided further that perfecting or substitute amend- 
ments, including, but not limited to an amendment consolidating more 
than one amendment, may be submitted by the committee on Ways and 
Means during consideration of the subject category to which the amend- 
ment or amendments were assigned; provided, however, that an amend- 
ment may be removed from the consolidated amendment at the request 
of the sponsor of said amendment for the purpose of it being offered as a 
further amendment to the consolidated amendment. 

[Adopted Jan. 24, 2001; Amended Jan. 9, 2003; Jan. 26, 2005, Jan. 
23,2007; Jan 20, 2011.] 

20B. When the General Appropriation Bill is reported by the com- 
mittee on Ways and Means it shall be made available to all members 



550 



Rules of the 



electronically and to the public via the Internet in a format to be deter- 
mined by the Speaker in consultation with the Clerk. The committee on 
Ways and Means shall provide the membership with a copy of its pro- 
posed text of said General Appropriation Bill, and an executive summary 
which shall include a list of outside sections, and a short summary of 
each outside section prior to full House consideration of such bill. When 
the House considers said General Appropriation Bill, it shall be read a 
second time and forthwith ordered to a third reading without any amend- 
ments. The bill shall be immediately read a third time and then be open 
to amendments as previously determined by the House. 
[Adopted Jan. 9, 2003, Jan. 23, 2007.] 

21. Whenever the committee on Ways and Means reports an appro- 
priation bill or capital outlay bill, it shall make available to the members 
a report which includes an explanation of any increase or decrease of 
five percent or more which results in an increase or decrease of one mil- 
lion dollars or more for any item for which the Governor has made a rec- 
ommendation, and an explanation for the deletion of an item 
recommended by the Governor, and for the addition of an item for which 
the Governor has made no recommendation. [25A.] (27A.) 

22. Bills and resolves when ordered to a third reading shall be 
referred forthwith to the committee on Bills in the Third Reading, which 
shall examine and correct them, for the purpose of avoiding repetitions 
and unconstitutional provisions, and insuring accuracy in the text and 
references, and consistency with the language of existing statutes; but 
any change in the sense or legal effect, or any material change in con- 
struction, shall be reported to the House as an amendment. 

The committee may consolidate into one bill any two or more related 
bills referred to it, whenever legislation may be simplified thereby. 

Resolutions received from and adopted by the Senate or introduced 
or reported into the House, after they are read and before they are 
adopted, shall be referred to the committee on Bills in the Third 
Reading. 

Amendments of bills, resolves and resolutions adopted by the Senate 
and sent to the House for concurrence, shall, subsequently to the proce- 
dure required by rule thirty-five in respect to amendments, also be 
referred, in like manner, to the committee on Bills in the Third Reading. 

When a bill, resolve or resolution has been so referred, no further 
action shall be taken until report thereon has been made by the com- 



House of Representatives. 



551 



mittee. Accompanying said report shall be a written explanation pre- 
pared by the committee defining any changes made in a bill, resolve or 
resolution so as to facilitate the proceedings of the House. 

If a bill or resolve referred to the committee on Bills in the Third 
Reading requires a two-thirds vote because it contains an emergency pre- 
amble, or if it provides for the borrowing of money by the Common- 
wealth and comes within the provisions of Section 3 of Article LXII of 
the Amendments to the Constitution, or provides for the giving, loaning 
or pledging of the credit of the Commonwealth and comes within the 
provisions of Section 1 of Article LXII (as amended by Article 
LXXXIV) of the Amendments to the Constitution, or provides, upon rec- 
ommendation of the Governor, for a special law relating to an individual 
city or town and comes within the provisions of clause (2) of Section 8 
of Article LXXXIX of the Amendments to the Constitution or provides 
for environmental protection within the provisions of Article XLIX as 
amended by Article XCVII, the committee shall plainly indicate the fact 
on the outside of the bill or resolve, or on a wrapper or label attached 
thereto. [26.] (33.) 

[Amended Jan. 12, 1983; Jan. 11, 1985; May 5, 1993.] 

23. Bills and resolves prepared for final passage shall be certified by 
the Clerk of the House, after comparison, to be the same as the bills or 
resolves passed to be engrossed; and if found to be properly prepared, 
the Clerk shall so endorse on the envelope thereof; and the question on 
enactment or final passage or adopting an emergency preamble shall be 
taken thereon, without further reading, unless specifically ordered. 

When a bill or resolve prepared for final passage contains an emer- 
gency preamble or when it provides for the borrowing of money by the 
Commonwealth and comes within the provisions of Section 3 of Article 
LXII of the Amendments to the Constitution, or provides for the giving, 
loaning or pledging of the credit of the Commonwealth and comes 
within the provisions of Section 1 of Article LXII (as amended by 
Article LXXXIV) of the Amendments to the Constitution, or provides, 
upon recommendation of the Governor, for a special law relating to an 
individual city or town and comes within the provisions of clause (2) of 
Section 8 of Article LXXXIX of the Amendments to the Constitution, or 
provides for environmental protection within the provisions of Article 
XLIX as amended by Article XCVII, the Clerk shall plainly indicate the 
fact on the envelope thereof. [27.] (34.) [See Rule 40.] 

[Amended Jan. 12, 1983.] 



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Rules of the 



23A. No member of the House, except the Speaker, Speaker pro 
tempore, Majority Leader, Assistant Majority Leader, Second Assistant 
Majority Leader, Minority Leader, Assistant Minority Leader, Second 
Assistant Minority Leader, Third Assistant Minority Leader, Vice-Chair- 
person of the Committee on Ways and Means, Assistant Vice-Chair- 
person of the Committee on Ways and Means and committee chairmen 
with respect to committee business, shall receive privileges or compensa- 
tion for postage which is greater than seventy-five percent of the amount 
allowed as standard practice during the 186th biennial session of the 
General Court, as determined by the House Business Manager. 
[Adopted Jan. 11, 1985; Amended Jan. 24, 2001; Jan. 26, 2005; Jan. 20, 
2011.] 

24. (1) Petitions, recommendations and reports of state officials, 
departments, commissions and boards, special reports including legisla- 
tion initiated by the Committee on Ethics Pursuant to Rule 16, legislation 
initiated by the committee on Bonding, Capital Expenditures and State 
Assets pursuant to Rule 17G and reports of special committees and com- 
missions, shall be filed with the Clerk in a format to be determined by 
said Clerk, who shall, unless they are subject to other provisions of these 
rules or the rules of the two branches, refer them, with the approval of 
the Speaker, to the appropriate committees, subject to such change of 
reference as the House may make. The reading of all such documents 
may be dispensed with, but they shall be entered in the Journal of the 
same or the next legislative day after such reference except as provided 
in joint rule thirteen. 

(2) All orders, including motions or orders proposed for joint adop- 
tion, resolutions and other papers intended for presentation, except those 
hereinbefore mentioned, shall be filed with the Clerk in a format to be 
determined by said Clerk, who shall, prior to the procedure required by 
other provisions of these rules or of the rules of the two branches, refer 
them to the committee on Rules. 

(3) Petitions and other papers so filed which are subject to the provi- 
sions of joint rule seven A, seven B, or nine, shall be referred by the 
Clerk to the committee on Rules. Petitions and other papers so filed, 
which are subject to the provisions of the second paragraph of Joint Rule 
12, shall, prior to the procedure required by said rule, be referred by the 
Clerk to the committee on Rules. The reading of all such papers may be 
dispensed with, but they shall be entered in the Journal of the same or the 
next legislative day after such reference. 



House of Representatives. 



553 



(4) Matters which have been placed on file during the preceding year 
may be taken from the files by the Clerk upon request of any member or 
member-elect; and matters so taken from the files shall be referred or 
otherwise disposed of as provided above. 

(5) Recommendations and special reports of state officials, depart- 
ments, commissions and boards, reports of special committees and com- 
missions, bills and resolves accompanying petitions, recommendations 
and reports, and resolutions shall be made available under the direction 
of the Clerk, who may cause to be made available, with the approval of 
the Speaker, any other documents filed as herein provided. 

(6) All such legislation and reports filed with the Clerk shall be sub- 
mitted in a format prescribed by said Clerk. Said documents shall con- 
tain the name or names of the primary sponsors and a list of the names of 
all petitioners praying for the legislation. Additional names may be 
added to the list of the petitioners; provided, however, that, such addi- 
tional names shall be submitted in a format to be determined by the 
Clerk. 

(7) Any petition so submitted that is a refile of a measure submitted 
in a previous session shall include, in the appropriate space provided, the 
session year for which the measure was filed and the House or Senate 
bill number or docket number assigned to such measure in such previous 
session. 

(8) Debate upon the suspension of this rule shall be limited to ten 
minutes, three minutes for each member, and the Speaker shall recognize 
the member presenting the order, resolution or petition first; provided, 
however, that suspension of this rule shall require unanimous consent of 
the members present. Any order, except such order that would amend the 
Rules of the House, resolution or petition referred to the committee on 
Rules after the question of suspension of this rule has been negatived, or 
any order, resolution or petition filed after the beginning of the session 
and referred to the committee on Rules, shall not be discharged from said 
committee except by unanimous consent of the House. Motions to dis- 
charge the committee on Rules shall be subject to the provisions of para- 
graph 2 of Rule 28. [28.] (20.) [See Rules 36 and 85.] 

[Amended April 27, 1981; Jan. 9, 1989; Jan. 9, 1991; Jan. 26, 2005.] 

25. Every petition for legislation shall be accompanied by a bill or 
resolve embodying the legislation prayed for. [29.] [See Joint Rule 12.] 



554 



Rules of the 



26. When the object of an application can be secured without a spe- 
cial act under existing laws, or, without detriment to the public interests, 
by a general law, the committee to which the matter is referred shall 
report such general law or ought not to pass, as the case may be. The 
committee may report a special law on matters referred to it upon (1) a 
petition filed or approved by the voters of a city or town, or the mayor 
and city council, or other legislative body, of a city, or the town meeting 
of a town, with respect to a law relating to that city or town; (2) a recom- 
mendation by the Governor; or (3) matters relating to erecting and con- 
stituting metropolitan or regional entities, embracing any two or more 
cities and towns, or established with other than existing city or town 
boundaries, for any general or special public purpose or purposes. [30.] 
(16.) [See Joint Rule 7.] 

27. With the exception of matters referred to the committee on Rules 
under the provisions of paragraph (3) of rule twenty-four, committees 
shall report on all matters referred to them. The committee on Ways and 
Means shall report the General Appropriation Bill not later than the 
second Wednesday of May; and provided further that said committee 
shall make available to the members all data compiled for justification of 
budgetary recommendations in all appropriation bills. [33.] 

[Amended April 18, 1979; Jan. 14, 1997.] 

27A. [Omitted Jan. 23, 2007.] 

28. (1) Motions directing the committee on Ways and Means to 
report certain matters to the House, or motions discharging said commit- 
tees from further consideration of certain matters, shall not be considered 
until the expiration of seven calendar days and shall require a majority 
vote of the members present and voting for adoption. Committees so 
directed to report shall file a report with the Clerk within four legislative 
days. The committee on Ways and Means may not be directed to report 
or be discharged from further consideration of any appropriation or cap- 
ital outlay measure. 

(2) The committee on Rules, except as provided in Rule 24, and the 
committee on Bills in the Third Reading shall not be discharged from 
consideration of any measure or be directed to report on any measure 
within ten calendar days of its reference without the unanimous consent 
of the House, or after such ten day period except by a vote of a majority 
of the members present and voting thereon. 



House of Representatives. 



555 



(3) Matters discharged under the provisions of this rule shall be 
placed in the Orders of the Day for the next sitting. Petitions discharged 
under the provisions of this rule shall be considered as favorably 
reported and the bill, resolve, resolution or order accompanying such 
petitions shall be placed in the Orders of the Day for the next sitting. 

(4) During the last week of the session the provisions of paragraphs 
(1) and (3) of this rule shall be inoperative. 

(5) A second motion to discharge a matter from a committee or a 
second motion to direct a committee to report a matter shall not be enter- 
tained until the first such motion has been disposed of. 

(6) As an alternative procedure to that provided under the provisions 
of this rule, the members of the House may, by filing a petition signed by 
a majority of the members elected to the House, discharge the House 
committee on Ways and Means, the House committee on Bills in the 
Third Reading, and the House committee on Rules from further consider- 
ation of a legislative matter. Seven days following the filing of the peti- 
tion with the House Clerk, the committee shall be discharged from 
further consideration of the legislative matter specified in the petition 
and the House Clerk shall place the matter in the Orders of the Day for 
the next calendar day that the House is meeting. 

(7) For the purpose of this rule, matters not appearing on the Cal- 
endar which are not before any committee shall be deemed to be before 
the Rules committee. Notwithstanding the previous sentence, a bill 
which has been engrossed by the House and Senate, shall be placed 
before the House for enactment. Any member may request to the House 
that a matter, engrossed in the House and Senate, returned for final pas- 
sage by the engrossing division and reviewed and released by the Com- 
mittee on Bills in Third Reading be placed before the House for 
enactment. The Speaker shall, in response to such a request of a member, 
put the matter before the House at the conclusion of the matter then 
pending. 

(8) This rule shall not be suspended unless by unanimous consent of 
the members present. (27C, 32A.) 

[Amended Jan. 12, 1981; April 27, 1981; Jan. 12, 1983; Nov. 17, 
1983; Jan. 11, 1985; Jan. 9, 1989; Jan. 9, 1991; Jan. 24, 2001; Jan. 9, 
2003; Jan. 26, 2005, Jan. 23, 2007.] 

28A. The committee on Bills in the Third Reading shall report on a 
legislative matter not later than forty-five days following the day the 



556 



Rules of the 



matter was referred to it. The Clerk shall indicate on the Calendar entry 
of every matter before the Committee on Bills in the Third Reading the 
date that said matter was referred to said committee. 
[Adopted Jan. 1 1, 1985; Amended Jan. 9, 2003.] 

REGULAR COURSE OF PROCEEDINGS. 

Petitions. 

29. The member presenting a petition shall endorse his/her name 
thereon; and the reading thereof shall be dispensed with, unless specially 
ordered. [37.] (18.) 

[Amended Jan. 11, 1985.] 

Motions Contemplating Legislation, etc. 

30. All motions contemplating legislation shall be founded upon 
petition, except as follows: 

The committee on Ways and Means may originate and report appro- 
priation bills as provided in rule twenty. Messages from the Governor 
shall, unless otherwise ordered, be referred to the appropriate committee, 
which may report by bill or otherwise thereon. A similar disposition 
shall, unless otherwise ordered, be made of reports by state officers and 
committees authorized to report to the Legislature, and similar action 
may be had thereon. 

Messages from the Governor returning appropriation bills, or parts 
of appropriation bills, with objections or reductions of sections or items 
thereof, shall be reconsidered subsequent to a report of the committee on 
Ways and Means. [40.] (19.) 

[Amended Jan. 24, 2001.] 

Bills and Resolves. 

31. Bills shall be drafted in a format approved by the Counsel to the 
House and submitted in a format to be determined by the Clerk. Bills 
amending existing laws shall not provide for striking words from, or 
inserting words in, such laws, unless such course is best calculated to 
show clearly the subject and nature of the amendment. No repealed law, 
and no part of any repealed law, shall be re-enacted by reference merely. 
[42.] (17.) 

[Amended Jan. 9, 2003; Jan. 26, 2005.] 



House of Representatives. 



557 



32. If a committee to which a bill is referred reports that the same 
ought not to pass, the question shall be "Shall this bill be rejected?". If 
the question on rejection is negatived, the bill, if it has been read but 
once, shall go to a second reading without question; otherwise it shall be 
placed in the Orders of the Day for the next day, pending the question on 
ordering to a third reading, or to engrossment, as the case may be. [43.] 
(30.) 

32 A. [Omitted Jan. 26, 2005.] 

33. Bills involving an expenditure of public money or grant of public 
property, or otherwise affecting the state finances, unless the subject 
matter has been acted upon by the joint committee on Ways and Means, 
shall, after their first reading, be referred to the committee on Ways and 
Means, for report on their relation to the finances of the Commonwealth. 

New provisions shall not be added to such bills by the committee on 
Ways and Means, unless directly connected with the financial features 
thereof 

Orders reported in the House or received from the Senate involving 
the expenditure of public money for special committees, shall, before the 
question is taken on the adoption thereof, be referred to the committee on 
Ways and Means, whose duty it shall be to report on their relation to the 
finances of the Commonwealth. 

Every such bill involving a capital expenditure for new projects, or 
an appropriation for repairs, or any legislation, the cost of which, in the 
opinion of the committee, exceeds the sum of one hundred thousand dol- 
lars when reported into the House by the committee on Ways and Means, 
shall be accompanied by a fiscal note indicating the amount of public 
money which will be required to be expended to carry out the provisions 
of the proposed legislation, together with an estimate of the cost of Oper- 
ation and maintenance for the first year if a new project is involved. 
[44.] (27.) 

[Amended April 18, 1979; Jan. 12, 1981; Jul. 17, 2003; Jan. 26, 
2005.] 

33A. Copies of all bills shall be available, in a format to be deter- 
mined by the Speaker in consultation with the Clerk, to all members of 
the House and the public at least twenty-four hours in advance of consid- 
eration by the House. 



558 



Rules of the 



All amendments offered by members to any legislative matter in the 
House shall be submitted in a format to be determined by the Speaker in 
consultation with the Clerk; and shall be considered chronologically as 
submitted to the Clerk, except for an amendment in the second degree; 
provided that all of said amendments shall be double spaced and drafted 
in proper form; and provided further that there shall be available to the 
members a duplicate copy of each amendment. (33A.) 

[Adopted Nov. 17, 1983; Amended Nov. 28, 1984; Jan. 12, 1987; 
Jan. 9, 1991; Jan. 17, 19951; Jan. 9, 2003; Jan. 26, 2005, Jan. 23, 2007.] 

33B. [Omitted Jan. 26, 2005.] 

33C. [Omitted Jan. 26, 2005.] 

33D. [Omitted Jan. 26, 2005.] 

33E. No consolidated amendment offered by the committee on ways 
and means shall be considered by the House until the expiration of at 
least thirty minutes after the consolidated amendment shall have been 
first filed with the Clerk and made available to the members. This rule 
shall not be suspended unless by unanimous consent of the members pre- 
sent. 

[AddedFeb. 4, 2010.] 

34. Bills from the Senate, after their first reading, shall be referred to 
a committee of the House. [45.] (26.) 

[Amended Jan. 26, 1999.] 

35. Amendments proposed by the Senate, and sent back to the House 
for concurrence, shall be referred to the committee on Bills in Third 
Reading, provided that amendments affecting state finances shall be 
referred to the committee on Ways and Means on the part of the House. 
[46.] (36.) 

[Amended April 18, 1979; Jan. 12, 1981; Jan. 26, 2005, Jan. 23, 
2007.] 

36. No bill shall be proposed or introduced unless received from the 
Senate, reported by a committee, or moved as an amendment to the 
report of a committee. [47.] (36.) 

37. Bills, resolves and other papers that have been, or, under the 
rules or usage of the House, are to be made available in a format to be 
determined by the Speaker in consultafion with the Clerk, shall be read 



House of Representatives. 



559 



by their titles only, unless the full reading is requested by vote of a 
majority of those members present and voting. 

[Amended Jan. 9, 2003, Amended, Jan. 23, 2007.] [48.] (29.) 

38. When a bill, resolve, order, petition or memorial has been finally 
rejected or disposed of by the House, no measure substantially the same 
shall be introduced by any committee or member during the same ses- 
sion. This rule shall not be suspended unless by unanimous consent of 
the members present. [49.] (54.) 

39. No bill shall be passed to be engrossed without having been read 
on three separate legislative days. [51.] (28.) 

[Amended Jan. 11, 1985.] 

40. No engrossed bill shall be amended, except by striking out the 
enacting clause. A motion to strike out the enacting clause of a bill shall 
be received when the bill is before the House for enactment. If the bill 
contains an emergency preamble, a motion to suspend this rule may be 
received before the adoption of the emergency preamble and, if sus- 
pended, the amendment may contain a new emergency preamble. This 
rule shall not apply to a bill or resolve returned by the Governor with a 
recommendation of amendment in accordance with the provisions of 
Article LVI of the Amendments to the Constitution; nor shall it apply to 
amendments of engrossed bills proposed by the Senate and sent to the 
House for concurrence, which amendments shall be subject to the provi- 
sions of rule thirty-five, provided, however, that a motion to suspend this 
rule shall be required in order to amend such an engrossed bill when the 
question before the House is on adoption of an emergency preamble, re- 
enactment or enactment, as the case may be.. [53.] (49.) [Amended, 
Jan. 23, 2007; Jan. 20, 2011.] 

41. Bills received from the Senate and bills reported favorably by 
committees, when not referred to another standing committee of the 
House, shall, prior to being placed in the Orders of the Day, be referred 
to the committee on Steering, Policy and Scheduling. Resolutions 
received from and adopted by the Senate, or reported in the House by 
committees, shall, if proposed for joint adoption, be referred to said com- 
mittee on Steering, Policy and Scheduling. [56.] (26.) 

[Amended Jan. 14, 1997; Jan. 26, 1999.] 

42. Reports of committees, not by bill or resolve, including orders if 
proposed for joint adoption, after they are received from the Senate, or 
made in the House, as the case may be, shall, unless subject to the provi- 



560 



Rules of the 



sions of any other House or joint rules, be referred to the committee on 
Steering, Policy and Scheduling; provided that the report of a committee 
asking to be discharged from further consideration of a subject, and rec- 
ommending that it be referred or recommitted to another committee, or a 
report of a committee recommending that a matter be placed on file, shall 
be immediately considered. Reports of committees on proposals for 
amendments to the Constitution shall be dealt with in accordance with 
the provisions of joint rule twenty-three. [57.] (36.) 
[Amended Jan. 14, 1997.] 

42A. The Clerk shall, prior to three o'clock P.M., on the day pre- 
ceding a session, make available by electronic communication or other 
means, a list of all reports of the committee on Steering, Policy and 
Scheduling, asking to be discharged from further consideration of sub- 
jects, and recommending that the subjects be referred to other commit- 
tees. 

[Adopted Jan. 26, 2005.] 

43. Bills ordered to a third reading shall be placed in the Orders of 
the Day for the next day for such reading. [58.] (32.) 

Special Rules Affecting the Course of Proceedings. 

44. The Speaker may designate when an informal session of the 
House shall be held provided said Speaker gives notice of such informal 
session at a prior session of the House. The Speaker may, in cases of 
emergency, cancel a session or declare any session of the House to be an 
informal session. At an informal session the House shall only consider 
reports of committees, papers from the Senate, bills for enactment or 
resolves for final passage, bills containing emergency preambles and the 
matters in the Orders of the Day. Motions to reconsider moved at such 
informal session shall be placed in the Orders of the Day for the suc- 
ceeding day, and no new business shall be entertained, except by unani- 
mous consent. 

Formal debate, or the taking of the sense of the House by yeas and 
nays shall not be conducted during such informal session. 

Upon the receipt of a petition signed by at least a majority of the 
members elected to the House, so requesting, the Speaker shall, when the 
House is meeting in informal session under the provisions of Joint Rule 
12A, designate a formal session, to be held within seven days of said 
receipt, for the purpose of considering the question of passage of a bill. 



House of Representatives. 



561 



notwithstanding the objections of the Governor, returned pursuant to 
Article 2, Section 1, Clause 1, Part 2 of the Massachusetts Constitution. 
This rule shall not be suspended unless by unanimous consent of the 
members present. [59.] (5A.) 

[Amended Jan. 11, 1985; Jan. 12, 1987; Jan. 17, 1995; Jan. 14, 1997; 
Jan. 24, 2001; Jan. 9, 2003.] 

45. After entering upon the consideration of the Orders of the Day, 
the House shall proceed with them in regular course as follows: Matters 
not giving rise to a motion or debate shall first be disposed of in the 
order in which they stand in the Calendar; after which the matters that 
were passed over shall be considered in like order and disposed. The pro- 
visions of this paragraph shall not be suspended unless by unanimous 
consent of the members present. 

Notwithstanding the provisions of this rule, during consideration of 
the Orders of the Day, the committee on Ways and Means and the com- 
mittee on Bills in the Third Reading may present matters for considera- 
tion of the House after approval of two-thirds of the members present 
and voting, without debate. [59.] (37.) [See Rule 47.] 

[Amended Jan. 12, 1981; Jan. 12, 1983.] 

46. When the House does not finish the consideration of the Orders 
of the Day, those which had not been acted upon shall be the Orders of 
the Day for the next and each succeeding day until disposed of, and shall 
be entered in the Calendar, without change in their order, to precede mat- 
ters added under Rule seven A; provided, however, that all other matters 
shall be listed in numerical order by Calendar item. 

The unfinished business in which the House was engaged at the time 
of adjournment shall have the preference in the Orders of the Day for the 
next day. [60.] (35.) 

[Amended Jan. 12, 1987; Jan. 26, 1999.] 

47. No matter which has been duly placed in the Orders of the Day 
shall be discharged therefrom, or considered out of the regular course. 
[61.] (38.) [See Rule 45.] 

Voting. 

48. Members desiring to be excused from voting shall make applica- 
tion to that effect before the division of the House or the taking of the 
yeas and nays is begun. Such application may be accompanied by a brief 



562 



Rules of the 



statement of reasons by the member. A member absent from the House 
for a formal session period of a day or longer shall notify the Clerk in 
writing of the intended absence. A member absent during a formal ses- 
sion for an extended period or for the remainder of the session shall 
notify the Clerk in person. The Clerk shall provide a written notice to any 
such absent member. 

The Clerk shall disable the voting station of any such member noti- 
fying the Clerk of an absence pursuant to this Rule. The Clerk shall also 
disable the voting station of any member failing to answer the first non- 
quorum roll call of a legislative sitting; provided, however, that the Clerk 
shall reactivate the voting station upon receiving notification of the 
member's return to the House Chamber. ([64.] (57.) 

49. If the presence of a quorum is doubted, a count of the House 
shall be made. When a yea and nay vote is taken, the members, with the 
exception of the Speaker, shall vote only from their seats. A member 
who has been appointed by the Speaker to perform the duties of the 
Chair, or a person who has been elected Speaker pro tempore, may desig- 
nate some member or a court officer to cast a vote for him/her on any 
vote taken on the electronic voting system while such member is pre- 
siding. Said designated member performing the duties of the Chair, or 
Speaker pro tempore, may, if the Speaker is in the State House, cast a 
vote for the Speaker. The Speaker shall state the pending question 
before opening the system for voting. 

The Speaker may direct the Clerk to cast a vote for a member who is 
in the House Chamber, but who is unable to vote due to a malfunction of 
his/her voting station or inability to open his/her voting station. 

Except in the case of a vote to ascertain the presence of a quorum, if 
a member is prevented from voting personally using the electronic voting 
system because of physical disability, said member shall, if present in the 
State House, be excused from so voting and the Speaker shall assign a 
court officer to cast said member's vote so long as said physical dis- 
ability continues; provided that the Speaker shall announce the action of 
the Chair to the membership prior to assigning a court officer to cast the 
member's vote and provided further that the Speaker shall announce the 
action to the membership the first time a vote is cast for that member on 
each successive day. [65.] 

[Amended April 18, 1979; Jan. 12, 1987; Jan. 9, 1991; Jan. 9, 2003; 
Jan. 20, 2011.] 



House of Representatives. 



563 



50. When a question is put, the sense of the House shall be taken by 
the voices of the members, and the Speaker shall first announce the vote 
as it appears to the Speaker by the sound. If the Speaker is unable to 
decide by the sound of the voices, or if the announcement made there- 
upon is doubted by a member rising in his/her place for that purpose, the 
Speaker shall order a division of the number voting in the affirmative 
and in the negative, without further debate upon the question. [66.] (55.) 

[Amended Jan. 11, 1985.] 

51. When a return by division of the members voting in the affirma- 
tive and in the negative is ordered, the members for or against the ques- 
tion, when called on by the Speaker, shall rise in their places, and stand 
until they are counted. If, upon the taking of such a vote, the presence of 
a quorum is doubted, a count of the House shall be had, and if a quorum 
is present the vote shall stand. [67.] 

52. The sense of the House shall be taken by yeas and nays whenever 
required by ten percent of the members elected. The Speaker shall, after 
waiting up to an interval of twelve minutes, state the pending question 
and, after opening the electronic voting system, instruct the members to 
vote for not less than two minutes and no more than twenty-two minutes, 
the Speaker shall close said system and cause totals to be displayed and a 
record made of how each member present voted; provided, that if at any 
time during said voting period any standing, joint or conference com- 
mittee is meeting in public or executive sessions, the Speaker shall leave 
the electronic voting machine open for not less than 5 minutes. 

Any member desiring to be recorded as being "presenf when a yea 
and nay vote is taken on the electronic roll call system shall so notify the 
Clerk in person after said vote is ordered and before the vote is 
announced. 

In the event the electronic voting system is not in operating order, 
the roll of the House shall be called in alphabetical order; provided, how- 
ever, that no member shall be allowed to vote or to answer "present" 
who was not on the floor before the vote is declared; provided, however, 
that a member, who was in the State House on a previous roll call, may 
be recorded by reporting to the Clerk within five minutes after such vote 
is closed, unless objection is made thereto and it is seconded; and pro- 
vided further that the presiding officer shall not, for said purpose, inter- 
rupt the member who is speaking on the floor; provided, however, that 
such request may be announced to the House subsequent to the five min- 
utes. The Speaker shall not entertain any requests beyond said five 
minute period. Once the voting has begun it shall not be interrupted 



564 



Rules of the 



except for the purpose of questioning the validity of a member's vote 
before the result is announced. Except as heretofore provided, any 
member who shall vote or attempt to vote for another member or any 
person not a member who votes or attempts to vote for a member, or any 
member or other person who willfully tampers with or attempts to impair 
or destroy in any manner whatsoever the voting equipment used by the 
House, or change the records thereon shall be punished in such manner 
as the House determines; and provided further, that such a violation shall 
be reported to the Ethics Committee. [68.] (56, 57.) 

[Amended Jan. 12, 1983; Jan. 11, 1985; Jan. 12, 1987; Jan. 9, 1991; 
Jan. 24, 2001; Jan. 9, 2003; Jan. 26, 2005; Jan 20, 2011.] 

53. The call for yeas and nays shall be decided without debate. If the 
yeas and nays have been ordered before the question is put, the proceed- 
ings under rules fifty and fifty-one relative to verification of the vote by 
the voices of the members or by a return of divisions shall be omitted; if 
not, they may be called for in lieu of a return by divisions when the 
Speaker's announcement is doubted by a member rising in his/her place, 
and, if then ordered, the proceedings under rules fifty and fifty-one shall 
be omitted. [69.] (52.) 

[Amended Jan. 26, 1999.] 

Reconsideration. 

54. No motion to reconsider a vote shall be entertained unless it is 
made on the same day on which the vote was taken, or before the Orders 
of the Day have been taken up on the next day thereafter on which a 
quorum is present. If reconsideration is moved on the same day, the 
motion shall be placed first in the Orders of the Day for the succeeding 
day; but, if it is moved on the succeeding day, the motion shall be con- 
sidered forthwith except that if said motion is moved on a day on which 
an informal session has been designated, it shall be placed in the Orders 
of the Day for the succeeding day. If reconsideration is moved after July 
first of the second annual session and thereafter, on any main question, it 
shall be considered forthwith. This rule shall not prevent the reconsidera- 
tion of a vote on a subsidiary, incidental or dependent question at any 
time when the main question to which it relates is under consideration; 
and provided, further, that a motion to reconsider a vote on any sub- 
sidiary, incidental or dependent question shall not remove the main sub- 
ject under consideration from before the House, but shall be considered 
at the time when it is made. This rule shall not be suspended unless by 
unanimous consent of the members present. [70.] (53.) 

[Amended Jan. 12, 1981, Jan. 23, 2007.] 



House of Representatives. 



565 



55. When a motion for reconsideration is decided, that decision shall 
not be reconsidered, and no question shall be twice reconsidered; nor 
shall any vote be reconsidered upon any of the following motions: 

to recess, 
to adjourn, 

on sustaining a ruling of the Chair, 

to close debate at a specified time, 

to postpone if voted in the negative, 

to discharge or direct a committee to report, 

to commit or recommit, 

for second or subsequent legislative days, 

for the previous question, or 

for suspension of rules. 

This rule shall not be suspended unless by unanimous consent of the 
members present. [71.] (53.) 

[Amended Jan. 12, 1981; Jan. 12, 1983; Jan. 9, 1991.] 

56. Debate on motions to reconsider shall be limited to fifteen min- 
utes, and no member shall occupy more than three minutes, but on a 
motion to reconsider a vote upon any subsidiary or incidental question, 
debate shall be limited to ten minutes, and no member shall occupy more 
than three minutes. 

If the House has voted to close debate on any question, a motion to 
reconsider said question shall be decided without debate. [72.] (52.) 
[Amended Jan. 12, 1981; Jan. 12, 1987.] 

RULES OF DEBATE. 

57. Every member, when about to speak, shall rise and respectfully 
address the Speaker and shall confine himself/herself to the question 
under debate. [73.] (39.) 

[Amended Jan. 11, 1985.] 

58. Every member while speaking shall avoid personalities; and shall 
sit down when finished. No member shall speak out of his/her place 
without leave of the Speaker. [73.] (39.) 

When two or more members rise at the same time, the Speaker shall 
name the member entitled to the floor, preferring one who rises in his/her 
place to one who does not. [74.] (40.) 

[Amended Jan. 11, 1985.] 



566 



Rules of the 



59. If a member repeatedly violates any of the rules of the House, or 
disrupts the orderly procedure of the House, the Speaker, after warning 
the member of such violations, shall call the member to order, and order 
that member to take his/her seat. A member so called to order shall lose 
the right to speak on the pending subject-matter but shall not be debarred 
from voting. A member so called to order shall remain seated until the 
House begins consideration of another subject-matter or unless the 
Speaker earlier returns to the member his/her rights to the floor. 

If a member so called to order refuses to immediately take his/her 
seat, the Speaker shall immediately name that member, who shall be 
escorted from the Chamber under escort of the Sergeant-at-Arms. The 
matter shall thereupon, on motion, be referred to a spec